RAM NEWAS GARG Vs. NAGAR NIGAM, KANPUR

JUDGEMENT

(1.) Late Sh. Ram Ratan Garg was allotted a plot bearing no. 559, Block-C, Scheme-II, Sujatganj, Kanpur, measuring 200 sq. yards by Kanpur Nagar Mahapalika, Kanpur and a lease deed dated 16.02.1973 was also executed in his favour. Out of the total sale consideration of Rs. 3,300/-, Rs. 900/- were paid by the allottee before execution of the lease deed in his favour and the balance amount was payable in 12 six monthly instalments of Rs. 296.11/-. The possession of the plot, however, was not given to the allottee. After execution of the lease deed, the allottee was asked to take possession of the allotted plot on 08.11.1974. However, when he reached the site, possession could not be given to him since local people compelled the complainant and the officer who was to handover possession to him, to run away. Sh. Ram Ratan Garg expired on 06.03.1985. The complainant Sh. Ram Niwas Garg, who has died during the pendency of this revision petition, claims that late Sh. Ram Ratan Garg, who was his father, had executed a will in his favour, bequeathing all his properties to him. This is also the case of the complainant that he approached the respondents a number of times to handover the possession of the plot to him, but could not succeed in his efforts.

(2.) The complaint was resisted by Kanpur Development Authority on the ground that the father of the complainant had not taken any action to take possession of the plot in question and after his death the complainant did not acquire any right to file the complaint without proving himself to be the legal heir of his father in respect of the above mentioned plot. This was however not disputed that the lease deed of the plot had been executed in favour of the father of the complainant. This was not the case of the opposite party in the reply that handing over of the possession of the plot to the allottee was dependent upon timely payment of the instalments by him. In the reply filed before the District Forum, the opposite party did not specifically deny the allegation of the complainant that when the allottee went to the site to take possession on 08.11.1974, he and Mr. S. K. Bose, the concerned officer of Nagar Mahapalika Kanpur were compelled to leave the site by administering threats to them.

(3.) Vide its order dated 07.07.2001, the District Forum directed the Kanpur Development Authority to handover the possession of the allotted plot to the complainant within a period of 60 days and also pay interest at the rate of 12% per annum to him on the amount deposited by him, till possession was delivered. A sum of Rs. 500/- was also awarded to him as cost of litigation. It was further directed by the District Forum that in the event of default, the complainant shall be entitled to get back the amount deposited by him alongwith interest at the rate of 12% thereon from 22.10.1997 in addition to Rs. 10,000/- as compensation.