URBAN IMPROVEMENT TRUST ALWAR Vs. RAMAKANT

JUDGEMENT

(1.) BY THE COURT Challenge in this second appeal is to the judgment and decree dated 29th January, 2010 rendered by Additional District & Sessions Judge No.2, Alwar as also the judgment and decree dated 15th December, 2004 passed by Civil Judge (Junior Division) No.1, Alwar in Civil Suit No. 310/2003, whereby both the learned courts below gave a concurrent finding with regard to the facts of the suit in favour of the respondent-plaintiff and the learned trial court decreed the suit against the appellants-defendant restraining them not to interfere with the use of land-in-dispute and the learned appellate court confirmed the same.

(2.) THE facts of the case, in brief, run as under: THE respondent-plaintiff Rama Kant applied for a plot in Transport Nagar Scheme declared by the appellant-UIT, Alwar and the appellants-defendant allotted one plot no. 582 to the plaintiff. THE plaintiff deposited 3000/- rupees in advance on 2nd January, 1993 and thereafter having deposited the entire residue amount with the UIT, took the possession of the said plot. It has been averred by the plaintiff that on 5th December, 1998, the plaintiff received a letter from the appellants-defendant, wherein it was stated that the number of his plot has been changed and as per the decision dated 24th February, 1998 and 8th March, 1998 of UIT, the price of the plot has been raised from 520 Rs. per Sq. Mtrs. to 924 Rs. per Sq. Mtrs. and further asked him to deposit Rs. 17,225/- more. THE plaintiff challenged this letter dated 5th December, 1998 and filed a suit for permanent injunction, which was decreed by the learned Civil Judge in favour of the plaintiff-respondent. Aggrieved with the judgment dated 15th December, 2004 passed by the Civil Judge-cum-Judicial Magistrate No.1, Alwar, the appellants-defendant filed an appeal in the Court of District Judge, Alwar, which came to be transferred to the court of Additional District Judge No.2, Alwar, who dismissed the appeal and confirmed the judgment and decree rendered by Civil Judge, Alwar. This is the second appeal.