RAJASTHAN HOUSING BOARD Vs. MADAN LAL JAIN

JUDGEMENT

(1.) The appellant- defendant- Rajasthan Housing Board (hereafter 'the Board') has preferred this second appeal invoking jurisdiction of this court under Sec. 100 CPC assailing the judgment and decree dtd. 8/10/2015 passed by the Additional District Judge No. 2, Kota in first appeal No. 7/2014 dismissing appeal and affirming the judgment and decree dtd. 22/1/2014 passed by the Additional Civil Judge (Junior Division) Kota (South) in civil suit No. 2/2009 whereby and whereunder suit has been decreed in the manner that by restoring the registration number of respondent-plaintiff, his priority has been revived in order to holding the entitlement of plaintiff for allotment of plot in MIG-H category by the Board priority wise.

(2.) There is no involvement of any third party interest. It is not in dispute that plaintiff applied for allotment of plot in MIG-H category of the Board in Kota region, whereupon plaintiff's application was registered at No. 14887/1981 and the allotment were to be made priority wise. Later on his registration was cancelled, however, the Board issued revival letter to deposit seed money and revival fee, which was admittedly deposited by plaintiff within the scheduled time. However, the Board declined to revive the plaintiff's priority for the reason that receipt of deposition of seed money and revival fee were not placed on record within scheduled time. The trial court observed that plaintiff has deposited seed money with the Board well within the scheduled time, mere not placing the receipt of deposition of seed money with the Board is a technical default, for which the plaintiff cannot be deprived to get revive his priority by restoring his registration number for the purpose of having entitlement for allotment of plot by the Board. Findings recorded by the trial court have been affirmed by the first appellate court on re-appreciation of entire evidence. These concurrent findings have been challenged in this second appeal.

(3.) Facts as culled out from the record are that the plaintiff applied in the scheme of the Board for allotment of a plot in MIG-H scheme and his application was registered at 14887/1981 which was registered in the scheme of 1998 at priority No. 450/M-11/HP/G-2/81. But the said registration was cancelled. On the request for restoration of registration number, the Board vide letter No. 6218 dtd. 25/1/2001 informed the plaintiff to deposit within fifteen days first instalment of Rs.40,000.00 along with revival money Rs.2500.00 for restoring the registration number of plaintiff. The letter was received by plaintiff on 27/1/2001 and the plaintiff deposited the amount Rs.2500.00 on 7/2/2001 and Rs.40,000.00 on 8/2/2001 i.e. well within the time prescribed by the Board. The copy of receipts were also deposited in the Board, but the registration of the plaintiff was not restored and no plot was allotted to plaintiff despite several requests. The Board returned the seed money and revival fee through cheque No. 028979 with letter dtd. 26/7/2005, which was not accepted by the plaintiff and the cheque was sent back to the Board. Thereafter on accrual of cause of action, after serving legal notice, the plaintiff filed the civil suit for restoration of registration and to revive his priority already registered with the Board for allotment of plot in MIG H scheme of the Board priority wise.