- (1.) This second appeal is preferred against the judgement dated 23.02.2010 passed by 3rd Additional Civil Judge, Senior Division, Gautam Budh Nagar in O.S. No. 292 of 2005 and also against the judgement dated 29.07.2013 passed by Additional District Judge Gautam Budh Nagar in Civil Appeal No. 05 of 2010.
(2.) The brief facts which give rise to this appeal are that the plaintiff appellant (hereinafter called, 'the appellant') filed Original Suit No. 292 of 2005 against the defendant respondent (hereinafter called, 'the respondent') for the relief of permanent prohibitory as well as mandatory injunction against the respondent.
(3.) Accordingly to the plaintiff allegation, the appellant sent a proposal for allotment of some land for establishing some school in NOIDA and Greater NOIDA at New Delhi and also submitted a project report. A letter was issued by the respondent to the appellant recommending allotment of land on payment of fifty per cent of the cost of the land upto a stipulated date. As per the general terms and conditions and the appellant was supposed to deposit only twenty per cent of the cost of the land at the time of registration and according to those conditions, the appellant deposited twenty per cent of the cost of the land. However the allotment proposal was cancelled on the ground that he failed to deposit the requisite amount within stipulated period. The appellant filed Suit for mandatory injunction and prayed that the respondent be directed to execute lease deed in his favour and further not to execute lease deed in favour of any other person. The suit was contested by the respondent. The trial court dismissed the suit. Feeling aggrieved the appellant preferred appeal before the District Judge, which was registered as Civil Appeal No. 05 of 2010 and was transferred to the Court of Additional District Judge who also dismissed the same vide his order dated 29.07.2013.;