J D A JAIPUR Vs. MIRCHOO MAL

JUDGEMENT

(1.) This is a revision petition under S.115 CPC against the order of learned Additional Civil Judge-cum-Chief Judicial Magistrate, Court No. 4, Jaipur City, dated 28-2-84 in Civil Misc. Appeal No. 2/84(8/84) whereby the order of the learned Additional Munsiff (West) Jaipur City dated 15-12-1983 was reversed and temporary injunction in favour of the non-petitioner was granted.

(2.) I have heard Mr. S.M. Mehta, learned counsel for the petitioner and Mr. D.L. Badhdar, learned counsel for the non petitioners.

(3.) Mr. Mehta states that plot No. D-16 situated in Kalwad Scheme, Jhotware, Jaipur was auctioned on 29-1-1973. The non-petitioner was the highest bidder and his bid for Rs. 24086.48 P. was accepted. th amount of the auction price was deposited on the spot and as per the conditions of auction, -th of the amount was to be deposited by him within 30 days from the date of confirmation of auction. The auction was confirmed in favour of the non-petitioner on 5th Feb., 73, but the non-petitioner did not deposit -th amount as required by the rules. Several notices were issued by the petitioner's predecessor in interest, the then Urban Improvement Trust to the non-petitioner requiring him to deposit the balance amount of auction price, which however, was not deposited. Therefore, the sale was cancelled on 15-6-73 and th amount of the sale price deposited by the non-petitioner was forfeited. In the year 1983 the petitioner took steps to auction the aforesaid commercial plot again and a notice of auction was published, whereupon the suit along with the application for temporary injunction was filed by the non-petitioner in the Court of Additional Munsiff (West) Jaipur City for restraining the petitioner from proceeding with the auction of the land in dispute. Learned Munsiff vide its order dated 5-12-83 rejected the non-petitioner's application for grant of temporary injunction. Learned Addl. Civil Judge as stated above, reversed the order of the trial court and granted temporary injunction on the condition that the non petitioner shall deposit the balance price within 15 days of the order along with interest prevalent in the petitioner - J.D.A.. The plaintiff non-petitioner tendered a cheque of Rs. 25001/- along with an application mentioning therein that principal amount of Rs. 18093.98 and interest thereon amounting to Rs. 6907.22 is deposited.