KRISHNA KUMAR Vs. RIICO AND ORS

JUDGEMENT

(1.) The petitioner-plaintiff (hereinafter 'the plaintiff') is aggrieved of the order dated 20-5-2017 passed by Additional District Judge No.1 Bharatpur dismissing his application under Order 1 Rule 10 read with 151 CPC filed in Review Petition No.27/2016, titled Krishna Kumar Vs. RIICO.

(2.) The facts of the case are that the plot No.E-70, Brij RIICO Industrial Area Bharatpur was allotted to one Raghunath Prasad on an application filed on 29-8-1974 at the rate of Rs.1.30 per sq. meter. Vide order dated 26-9-1974 the plaintiff was informed about the rate to be as Rs.1.50 per sq meter instead of Rs.1.30. Pursuant thereto the plaintiff deposited Rs.630/- and required execution of the lease deed and for possession of the plot in question. Subsequently the Resident Engineer informed the plaintiff that on the date of allotment, the price was Rs.2/- per sq meter, instead of Rs.1.50 and RIICO demanded the difference of the amount. That was protested by the plaintiff. When the lease deed was not executed the plaintiff filed a suit for specific performance and injunction. During pendency of the suit the plaintiff expired and his son was brought on record.

(3.) The suit was however dismissed vide judgment and decree dated 4-4-1998. Aggrieved the plaintiff filed appeal which also came to be dismissed on 7-2-2005. A review petition then came to be filed by the plaintiff. During pendency of review petition the plot in question was put to auction and sold by RIICO.