STATE OF J&K Vs. JAGDISH CHANDER

JUDGEMENT

(1.) THIS is defendants civil first appeal against the judgment and decree dated 14 -6 -1975 of the District Judge, Jammu, decreeing the plaintiffs suit for a sum of Rs. 22,500/ - with interest.

(2.) THE plaintiff -respondent brought a suit for specific performance of contract against the State of J&K. He averred that in pursuance of the auction held of the plots in Gandhi Nagar Extention, Jammu, in May 1961, the plaintiff was allotted plot No. 67 measuring 75 x l20 for a sum of Rs. 1l,OOO/ -. According to the terms of the order, the plaintiff paid l/4th of the amount and the remaining amount of Rs. 8, 250/ - was payable on demand. The plaintiff wrote a letter to the concerned department requesting that the plot allotted be registered in the name of the plaintiff by the department but the latter refused to do so. It is further averred that the concerned wrote a letter to the plaintiff that the plot cannot be allotted to him and cancelled the allotment. In spite of the requests made by him in this behalf and notwithstanding the fact that a registered legal notice was addressed to the Chief Secretary the department did not do anything in the matter.

(3.) THE suit was resisted on the following grounds: