PRAHLAD SINGH, S/O SHRI PHOOL CHAND KALAL Vs. MUNICIPAL COUNCIL KOTA THROUGH ITS ADMINISTRATOR AND ANOTHER

JUDGEMENT

(1.) This appeal under section 100 CPC has been filed against the judgment and decree dated 5.8.1996 passed by Addl. District Judge No. 2 Kota in Civil Appeal No. 33/1993 reversing the judgment and decree dated 6.9.1993 passed by Addl. Munsiff No. 1 (South), Kota (where he decreed the appellant-plaintiff's (hereafter 'the plaintiff') suit for specific performance and permanent injunction in respect of a parcel of land ad-measuring 30 Ft. X 118 Ft., which lay between the frontage of the house of plaintiff and the road) and dismissing the suit.

(2.) The case set up by the plaintiff before the trial court was that suit land lay between the frontage of the house of plaintiff and the road, could not be sold by the respondent-defendant-Municipal Council (hereafter 'the defendant') to anyone else and in-fact in view of the peculiar situation obtaining qua the suit land none else was interested to purchase it. It was submitted that in the circumstances, on the plaintiff's application, the sale of suit land by the then Municipal Council, Kota was sanctioned on 5.2.1972 under the hand of its Chairman and as required, a sum of Rs. 7080/- remitted by the plaintiff and deposited with the Municipal Council, Kota. It was submitted that the plaintiff for several decades before the sanction dated 5.2.1972 and thereafter was in possession of the suit land. Following the sanction dated 5.2.1972 and deposit of Rs. 7080/- only the ministerial act of issue of requisite patta by the Municipal Council, Kota remained pending for failure of the Municipal Council, Kota to discharge its obligations on the resulting contract. Suddenly a decade later vide letter dated 7.3.1983 the Municipal Council, Kota informed the plaintiff that the sanction dated 5.2.1972 for sale of land in favour plaintiff stood cancelled. It was submitted that the candellation dated 7.3.1983 was illegal and in the facts of the case, the plaintiff was entitled to a decree of permanent injunction against the Municipal Council, Kota and protect himself from being dispossessed and the Municipal Council restrained from allotting or transferring the suit land to anyone else.

(3.) It appears that during the pendency of the suit, the letter dated 7.3.1983 withdrawing the sanction dated 5.2.1972 was set-aside in a statutory appeal at the plaintiff's instance by the Collector, Kota under his order dated 21.5.1986. The sanction dated 5.2.1972 thus resurrected, an amendment in the suit was sought and relief for specific performance, prayed for with reference to the sanction dated 5.2.1972 and deposit of Rs. 7080/- made as required by the Municipal Council, Kota.