AMBA DEVI Vs. MUNICIPAL BOARD, PHALODI

JUDGEMENT

(1.) Appellant-plaintiff Smt. Amba Devi wife of late Shri Uttam Chand has preferred this civil second appeal against the respondent-defendant Municipal Board, Phalodi being aggrieved by the judgment and decree dated 10.03.2010 passed by learned Additional District Judge, Phalodi in Civil First Appeal No.2/2009, whereby the learned first appellate court dismissed the appeal filed by the appellant-plaintiff and affirmed the judgment and decree dated 18.09.2009 passed by learned Civil Judge (Senior Division), Phalodi in Civil Original Suit No.35/2005, whereby the learned trial court dismissed the civil suit filed by the appellant-plaintiff.

(2.) The brief facts of the case are that the appellant plaintiff filed a suit for permanent injunction against the respondent Municipal Board, Phalodi. It was averred in the plaint that the plaintiff has purchased two plots bearing No.91 and 68 situated in Sector No.4, Adarsh Nagar in the auction by the Municipal Board, Phalodi on 22.08.1991 and 12.09.1991 and by depositing one-fourth amount, she has taken the possession of the plots from the Municipal Board and thereafter she is in possession of the aforesaid plots. It was further averred that she tried again and again to deposit rest three-forth amount in the Municipal Board, but the amount was not accepted and the Municipal Board is now bound to auction the said plots again. Hence, by filing the civil suit the appellant-plaintiff prayed for permanent injunction against the Municipal Board, Phalodi.

(3.) The respondent-defendant Municipal Board, Phalodi filed written statement. It was averred in the written statement that the three-forth amount of the auctioned plots was required to be deposited within 30 days from the date of auction and since the said amount was not deposited within the stipulated period, therefore, the allotment of plots was automatically cancelled. It was further averred that the appellant-plaintiff is not in possession of the plots in question and she has no right to get the injunction against the auction. It was further averred that the Municipal Board held auction of the plots in question again on 25.10.2005, in which the appellant-plaintiff also put her bid. Hence, it was prayed that the suit may be dismissed.