Decided on November 07,1984


Referred Judgements :-



DWARKA PRASAD GUPTA, J. - (1.)THIS appeal has been filed against the order passed by a learned Single Judge of this Court on February 4, 1976. The writ petition filed by the appellant was dismissed on the ground that he had adequate alternative remedy and it would not be proper to exercise the extra -ordinary jurisdiction of this Court in such circumstances.
(2.)THE facts which have given rise to the appeal may be briefly stated. A plote of land bearing No. 8 situated in Surajpole -Delhi Gate Scheme at Udaipur was purchased by the appellant from the Urban Improvement Trust, Udaipur at a public auction on December 11, 1961 for a sum of Rs. 19,000/ -. The appellant's bid being highest was accepted by the Trust by its order dated February 13, 1962 and he was directed to deposit the balance of sale price within one month from the date of the receipt of the allotment letter. It may be mentioned here that the appellant had already deposited 25% of the sale price of the said plot, amounting to Rs. 4,750/ - and as such he was directed to pay the remaining 3/4th of the sale -price within one month. It was also stipulated in Clause (1) of the order of allotment dated February 13, 1962 that in case the balance of the sale -price was not deposited within the stipulated time, the allotment shall be cancelled by the Trust. It is not disputed that the appellant did not deposit the balance amount of the sale -price of the plot within a period of one month, but he sought adjustment thereof against same amount which he allegedly had to receive from the Trust in respect of some contract. It appears that negotiations went on between the parties in this respect and ultimately the Trust allowed an indulgence to the appellant in case he made payment of the balance amount of the sale -price together with interest thereon at the rate of 6% per annum. The appellant apparently accepted the concession allowed to him by the Urban Improvement Trust and deposited a sum of Rs. 3250/ - or some such amount towards interest, besides making payment of the balance amount of the sale -price. After the aforesaid amount was paid, the Urban Improvement Trust handed over possession of the plot of land in dispute to the appellant on October 25, 1969.
The Urban Improvement Trust, however, on April 8, 1970 passed an order cancelling the allotment made in favour of the appellant on the alleged ground that the conditions specified in the order of allotment dated February 13, 1962 were not complied with by him. The appellant filed a suit for permanent injunction which was decreed on November 12, 1975 by the Additional Civil Judge, Udaipur and a permanent injunction was issued against the Urban Improvement Trust restraining it from dispossessing the appellant forcibly from the plot of land in dispute, without taking proceedings in accordance with law. The appellant also filed another suit on July 6, 1970 for refund of amount of interest deposited by him on the ground that there was no contract for payment of interest. That suit was dismissed by the trial court on September 26, 1970, but on appeal learned District Judge Udaipur decreed the suit on May 18, 1976 and directed the Urban Improvement Trust to refund a sum of Rs. 4465.73 to the appellant together with interest thereon at the rate of 6 per cent per annum. It was stated at the Bar that a second appeal against the aforesaid decree for refund of the amount of interest is pending before this Court. We may also point out here that the decree passed by the learned Additional Civil Judge, Udaipur dated November 12, 1975 was also set aside on appeal and a second appeal in that matter is also said to be pending before this Court.

(3.)AFTER the first suit filed by the appellant was decreed by the Additional Civil Judge, Udaipur granting a permanent injunction, the Urban Improvement Trust gave a notice to the appellant on December 29, 1975 a copy of which has been produced on the record as Ex. A/9 wherein the appellant was directed to handover possession of the plot of land in dispute to the Trust within 24 hours, failing which the appellant was informed that the Trust would take over possession of the said plot of land. As the appellant did not hand over possession, it is alleged that the Trust forcibly took over possession of the plot of land in dispute on December 13, 1975. The appellant thereupon filed a writ petition in this Court on January 4, 1976 alleging that he was unlawfully dispossessed from the plot of land in question and that the Trust may be directed to restore possession of the same back to the appellant. It was also submitted by the appellant in the writ petition that the order of cancellation of allotment dated April 8, 1970 may be declared to be illegal and ineffective. In its return, the Urban Improvement Trust admitted that it had shown an indulgence to the appellant and waived the default subject to his depositing the balance amount of sale -price together with interest due thereon, but the Trust alleged that the appellant deposited the amount of interest under protest and he did not comply with the conditions specified by the Trust in its letter dated October 13, 1969. Reference was also made to two suits about which we have already mentioned above. The learned Single Judge by this order dated February 4, 1976, after referring to the various litigations pending between the parties as also to the fact that some interpolation was alleged to have been made in the order dated October 25, 1969 (Ex.3) for delivery of possession, declined to say anything regarding the conduct of the appellant or his right in respect of the land in question as they were subject matter of litigation between the parties More over the learned Single Judge refused to give any relief to the appellant on the ground that the appellant had adequate alternative remedy available to him and as such the extra -ordinary jurisdiction of this Court under Article 226 of the Constitution should not be invoked in such a matter.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.