URBAN IMPROVEMENT TRUST KOTA Vs. PRADEEP KUMAR ARORA

JUDGEMENT

(1.) BY this Second Appeal under Section 100 C.P.C. the appellant defendant Urban Improvement Trust, Kota has challenged the judgment and decree dated 26th March, 2010 passed by learned Additional District Judge No.4, Kota in Civil Regular Appeal No. 57/2009 whereby the judgment and decree dated 20th May, 2009 passed by Civil Judge (Jr. Div.) (South), Kota in Civil Suit No.91/2006 dismissing the suit, has been reversed.

(2.) BRIEF facts of the case are that the plaintiff respondent filed a civil suit before the trial court for permanent and mandatory injunction for allotting him plot measuring 7.5 meter x 15 meter in Chankyapuri residential scheme. It was mentioned in the plaint that the defendant launched Chanakyapuri residential scheme wherein 196 plots were reserved for allotment to the full time Sharmjivi Patrakar . The plaintiff applied for allotment of the plot in the prescribed application format by depositing Rs.8,000/- towards the registration fee on 29th April, 2003. On 18th August, 2003 the defendant asked for the certificate regarding his being Shramjivi Patrakar which was submitted by him on 22nd August, 2003 after obtaining from the General Manager, Dainik Bhashkar. On 20th September, 2003 the defendant held draw of the lottery for allotment of the plots and only 139 plots were allotted to the Patrakars whereas there were total 196 plots to be allotted to the Shramjivi Patrakars . Rest 57 plots were with the defendant. It was further mentioned that the plaintiff has fulfilled all the required formalities and is entitled for allotment of a plot. Thus, it was prayed that the suit be decreed for permanent and mandatory injunction directing the defendant to reserve residential plot measuring 7.5 meter x 15 meter in Chanakyapuri scheme and to issue allotment for the same.

(3.) BEING aggrieved of the aforesaid judgment and decree of the trial court, the plaintiff-respondent filed first appeal before the first appellate court.