AMBALAL Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This second appeal is against the judgment and decree passed by the trial court dated 17.3.1983 in Civil Original Suit No.56/1977 and against the appellate judgment and decree dated 4.8.1986 in Civil First Appeal No.14/1983.

(2.) Brief facts of the case are that defendant no.1-appellant purchased one plot, having no.1, situated near the Bus Stand of Nathdwara from the respondent-Municipal Board,Nathdwara for which a registered transfer deed was executed by the Municipal Board, Nathdwara in favour of defendant no.1-appellant on 5.1.1969. Said plot was sold by defendant no.1 to the plaintiff by registered sale-deed dated 9.12.1969 for a consideration of Rs.2500/-. Subsequent to it, when the plaintiff submitted an application for obtaining copy of the map of the plot in dispute before the respondent-Municipal Board, Nathdwara, the plaintiff came to know that the Municipal Board, Nathdawara changed the scheme and allotted plot no.5 in new scheme in lieu of plot no.1. However, the said plot was allotted in the name of defendant no.1 and defendant no.1 gave his consent to Municipal Board, Nathdwara on 15.11.1973 to accept plot no.5 in lieu of plot no.1.

(3.) According to the plaintiff, since plot no.1 was transferred to the plaintiff by registered sale-deed, defendant no.1 could not have obtained plot no.5 in his name from the Municipal Board, Nathdawara. The plaintiff, therefore, after serving notice upon the defendants, filed the suit for getting plot no.5 in his name from the Municipal Board, Nathdawara with a prayer that the agreement between defendant no.1 and no.2 for giving plot to defendant no.1 by defendant no.2 may be cancelled.