NAGAR PARISHAD ALWAR Vs. RAJNATH GUPTA

JUDGEMENT

(1.) The respondent No.2 -Nagar Vikas Nyas allotted a plot measuring 50 ft. X 70 ft. to one Avinash Kumar Gupta in the year 1962. The case of the complainant is that the payment for the aforesaid plot was made by him and even the construction on it was raised from his funds. This is also his case that Avinash Kumar Gupta had executed a release deed, releasing the plot in question in his favour and Nagar Vikas Nyas had also added his name in the sale deed of this plot. The sale deed in favour of the complainant having not been registered, he approached the concerned District Forum by way of a complaint. Since the scheme in which the allotment was made was later transferred by Nagar Vikas Nyas to Nagar Parishaad, Alwar, the said Nagar Parishaad was also impleaded as an opposite party in the complaint.

(2.) THE complainant separately filed a civil suit against Avinash Kumar Gupta before a Civil Court in which he was declared as the sole owner of the plot in question.

(3.) THE complaint was resisted by the petitioners on the ground that though the copy of the alleged release deed has not been made available to them, the sale deed available on their record indicates that the name of the complainant, Rajnath Gupta had been added later on in the said document. It was further stated in the reply that in the record of the opposite party the name of the complainant appears to have been added later on in different writing and using a different ink. It was also pointed out in the reply that there was no order on the file permitting addition of the name of the complainant with the name of the allotee, Avinash Kumar Gupta.