RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD., THROUGH ITS SENIOR REGIONAL MANAGER, RIICO, UDHYOG BHAWAN, NEW POWER HOUSE ROAD, JODHPUR (RAJ.) Vs. M/S MODI THREAD MILLS, KATLA BAZAR, JODHPUR, THROUGH SHRI RAJMAL SON OF SHRI M.L. KOTHARI, RESIDENT OF KATLA BAZAR, JODHPUR

JUDGEMENT

(1.) By filing this appeal, appellant - Rajasthan State Industrial Development & Investment Corporation Ltd. (for short, hereinafter referred to as "the RIICO") has challenged the judgment and decree dated 03.02.1995 passed by learned Additional District & Sessions Judge No.3, Jodhpur in Civil Original case No.244/94 whereby the learned trial Court, while allowing the suit filed by the respondent plaintiff ordered the defendant/appellant to hand over the possession of the industrial plot, admeasuring 2000 square meters @ Rs.10 per sq. mtr. towards development charges and Rs.62.50 towards annual rent as also to execute the lease deed in favour of plaintiff. It was also ordered that since 07.01.1988, interest @ 19% per annum be also given on Rs.5000/- deposited by the plaintiff and this amount of interest be adjusted towards the development charges, leviable from plaintiff.

(2.) Respondent/plaintiff filed a suit alleging that on 6.9.1980, he moved an application for allotment of an industrial plot to RIICO and deposited a sum of Rs.1000/- with RIICO vide receipt dated 24.9.1980 (Ex.1). Defendant RIICO informed the plaintiff vide letter dated 09.12.1980 (Ex.2) regarding allotment of plot No.E-477-A, admeasuring 2000 sq. mtrs. and also asked to deposit Rs.5000/- within 15 days. Pursuant thereto, plaintiff deposited Rs.5000/- on 7.1.1981 vide receipt Ex.3. Thereafter, defendant issued an allotment letter to plaintiff on 29.1.1981 (Ex.4) asking him to deposit Rs.15,000/- within 90 days towards the balance payment of 75% of the development charges and economic rent of Rs.62.50 per year. When the plaintiff went to inspect the site of allotted plot, he found that there was no road and demarcation of the plot was not made. Other necessary facilities were also not provided. The plot was in possession of some other person. He informed RIICO about this situation by writing letter on 23.12.1980. He also contacted the officers of the RIICO and informed them about the situation but nothing could happen. Then, plaintiff again wrote letters on 20.6.1981 (Ex.5) and on 15.10.1981 (Ex.6) and again on 27.9.1982 (Ex.7) and requested RIICO to allot some other plot as he was in need of it to establish his factory. Lastly, he wrote letter to Chairman, RIICO on 17.1.1986 (Ex.8). Higher officials of the RIICO called for the factual report vide letter dated 28.1.1986 (Ex.10). Ultimately, RIICO wrote a letter to plaintiff on 07.01.1988 (Ex.11) asking him to deposit Rs.15,000/- along with the interest amount of Rs.20,363.83 @ 19% per annum upto 31.1.1988. He immediately contacted the officers of RIICO objecting to the demand of interest amount and to accept the deposit Rs.15,000/- only from him. No response was made to this request by the officers of the RIICO. He again wrote a letter to RIICO on 30.1.1988 (Ex.12) to accept the actual amount of Rs.15,000/- and to withdraw the demand of interest but no response could be received.

(3.) Lastly, the respondent plaintiff filed a suit on 5.11.1988 for specific performance of contract praying that the possession of the industrial Plot, admeasuring 2000 sq. mtrs. be handed over to him @ Rs.10/- per sqr. Mtr towards development charges and Rs.62.50 for annual economic rent. He also claimed interest @ 19% per annum since 7.1.1981 when he deposited Rs.5,000/- with RIICO.