URBAN IMPROVEMENT TRUST Vs. MAHADEV

JUDGEMENT

(1.) Heard.

(2.) The appellant trust had sold plot No : 272 in South Block, Gandhinagar at Alwar on 27.3.1992 through public auction. The area of the plot as notified by the appellant was 680 sq. yds. The respondent had not only deposited the th of the bid money, which he was required to deposit at the fall of the hammer, but also the balance amount of the sale consideration, from time-to-time. However, the grievance of the appellant was that the plot sold actually measured 740 sq. yds. and that there was water supply line lying on the land of the plot. The appellant trust required the respondent to deposit a further amount of Rs.18,562.51 being interest and penalty on the amount of the excess land which the respondent did not deposit with the appellant.

(3.) The respondent approached the Forum which directed that the appellant should put the respondent in possession of the plot admeasuring 680 sq. yds,. after excluding the water supply line and five feet away from such line. It is that order of the Forum that the appellant had challenged through this appeal.