- (1.) Heard Sri Amit Manohar, Advocate for the appellant. None is present on behalf of respondents though this appeal has been called twice. In the circumstances, we proceed ex-parte to decide this appeal.
(2.) This appeal under section 96 of the Civil Procedure code (hereinafter referred to as 'C.P.C') has arisen from the judgement and decree dated 22.8.2000 and 1.9.2000 respectively, passed by Sri Hari Singh, IInd Additional Civil Jude, Senior Division, Ghaziabad in Original Suit No.332 of 1995. The court below has decreed the suit and by making declaration that letter dated 20.2.1995, issued by defendant-appellant cancelling plot No. 67 black ''G' Sector 18, Noida (hereinafter referred to as "disputed plot") is illegal, inoperative and void. Plaintiff is lawful allottee having completed all formalities. It has further granted a decree of permanent injunction, restraining the defendant/ appellant from alloting disputed plot to any other person.
(3.) The suit was filed by plaintiff-respondents in the Court of Civil Judge, Ghaziabad, stating that defendant-appellant is a body corporate under the provisions of U.P. Industrial Area, Development Act, 1976 (hereinafter referred to as "Act, 1976") and is engaged in development of area known as NOIDA. In 1994 it announced a scheme of small commercial plots known as "Mansarover Commercial Centre" in Sector 18, Noida, 1994 and invited applications from General Public. The plaintiff-respondents jointly applied for allotment of a plot of 60 Sq. mtr under the aforesaid scheme and deposited Rs.40,000/- as registration fee and Rs.1000/- as processing charges. Plot No.47 in Block ''G' Sector 18, Noida measuring 60 Sq.Yds was allotted to plaintiff-respondents by defendant-appellant vide letter dated 30.11.1994. Plaintiffs were required to deposit a sum of Rs.2,15,060/- within 30 days of the said letter. On account of some unavoidable difficulties the amount could not be deposited within 30 days i.e by 13.2.1995. Subsequently,plaintiff-respondents deposited the amount along with interest of Rs. 4940/. Plaintiffs then requested defendant for execution of deed of lease and delivery of possession of plot but nothing was done and plaintiffs received a letter dated 20.2.1995, alleging that the allotment made in favour of plaintiffs has been cancelled on the ground that requisite amount of Rs. 2,15,060/- was not deposited within stipulated time. It is said that the aforesaid cancellation is illegal and void, inasmuch as, the amount was deposited with interest; the letter dated 20.2.1995 was not issued by competent person; time of deposit cannot be said to be an essential part of contract and in respect of some other persons deposit of requisite amount has been accepted after expiry of the stipulated period.;