MUNICIPAL ROAD NOHAR Vs. RAJKUMAR

JUDGEMENT

(1.) In this second appeal filed under Section 100, C.P.C., the Municipal Board; Nohar is challenging the judgment and decree dated 03.05.2008 passed by the Addl. District Judge, Nohar in Civil Appeal Decree No.27/2000, whereby, the appellate Court dismissed the appeal and affirmed the judgment and decree dated 14.09.2000 passed by the Civil Judge (Sr. Dn.), Nohar in Civil Original Suit No.119/97 (56/90), by which, the suit filed by respondent-plaintiff was decreed in his favour.

(2.) Undisputedly, in the auction proceedings, plot No.11 was allotted to the respondent-plaintiff while accepting his bid of Rs.30,000/- and, out of the bid amount, one-fourth amount was deposited by him immediately; and, thereafter, he was to deposit the remaining three-fourth amount, but, upon physical verification of the plot, the fact came to the knowledge of the respondent-plaintiff that upon the said plot No.11, there is a pucca tar-road, therefore, possession was not possible to be given. A notice was, however, received by him on 13.12.1998 sent by the Secretary, Mandi Vikas Samiti, Hanumangarh, whereby, respondent-plaintiff was directed to deposit rest of the amount.

(3.) As per the respondent-plaintiff, a reply was filed by him on 27.12.1988 and it was brought to the notice of the Mandi Vikas Samiti that upon the site there is pucca tar road, therefore, first demarcation of the plot may be given; and, thereafter, he will deposit rest of the amount. But, till 14.05.1990, neither demarcation was given with regard to plot No. 11 by the Mandi Vikas Samiti nor amount of one-fourth of the bid money already deposited by him was returned to him. Therefore, notice under Section 80 of the Civil Procedure Code was given by him and, thereafter, suit was filed against the State Government through the District Collector as well as Secretary, Mandi Vikas Samiti, Hanumangarh praying that he is ready to deposit rest of the amount, therefore, vacant possession of the plot may be given.