URBAN IMPROVEMENT TRUST, UDAIPUR Vs. RAJ KUMAR SANTWANI

JUDGEMENT

(1.) This civil first appeal is directed against the judgment and decree dt. 30.11.2007 passed by the learned Additional District Judge (Fast Track) No.2, Udaipur in Civil Original Suit No.20/06 whereby the learned Judge has decreed the suit filed for permanent injunction and declaration in favour of the respondent-plaintiff.

(2.) The brief facts of the case are that the plaintiff-respondent has filed a suit for permanent injunction and declaration on the ground that Plot No. 1 / 264 allotted by the Rajasthan Housing Board, Udaipur and in back side of this plot, one strip of land measuring 600 feet is there. The plaintiff applied for allotment of strip of land and he was informed by the Rajasthan Housing Board, Udaipur that said land already stands transferred to Urban Improvement Trust, Udaipur. The plaintiff filed an application for allotment of the said strip of land to him before the UIT, Udaipur. It is averred that UIT, Udaipur accepted the application for allotment of strip of land filed by the respondent-plaintiff and demanded Rs. 67,000.00. The plaintiff-respondent deposited the said amount. It is further averred that the UIT, Udaipur denied to execute the lease deed. Further, it is pleaded that inspite of notice given by the plaintiff, lease deed of strip of land has not been executed in favour of the plaintiff and his right to get the strip of land has been denied. Lastly , he prayed for decree of permanent injunction and declaration and further sought direction against the defendant/ appellant to execute the lease deed.

(3.) The defendant-appellant filed written statement and denied the averments contained in the plaint but admitted the fact that plaintiff applied for allotment of strip of land and proposed amount has been deposited by him. It is submitted that the said allotment has been cancelled in public interest and prayed for dismissal of the suit.