R.B.Mehrotra - (1.) SMT. Jai Mala filed a civil suit In the Court of IV Additional Civil Judge, Ghaziabad impleading Ghaziabad Development Authority through Its Vice-President as defendant.
(2.) THE relief sought for in the aforesaid suit was that the mandatory injunction of permanent nature be issued directing the defendant to transfer plot No. 9/93A, Sector 3, Rajendra Nagar, Ghaziabad in the name of the plaintiff at the rate of Rs. 500 per sq. metre in easy instalments fixed by the court. The suit was contested by Ghaziabad Development Authority. On pleadings of the parties, the issues were framed. Out of the aforesaid issues, following issues are relevant for the purpose of determination of the present revision : (1) Whether the plaintiff is entitled to get the plot No. 9/93A, Sector 3, Rajendra Nagar allotted in her name, as stated in Para 3 of the plaint, if yes, its effect? (5) To what relief the plaintiff is entitled to?
(3.) WHILE deciding issue No. 1, a specific controversy was raised by the defendant, Ghaziabad Development Authority that the plaintiff is not entitled to get the plot transferred as per agreement between the parties at the rate of Rs. 500 per sq. metre. Specific finding has been recorded in the suit that plaintiff is entitled to get the disputed plot allotted in her name by paying the premium @ of Rs. 500 per sq. metre. On issue No. 5, the finding recorded was that the plaintiff is entitled to the relief claimed for. It is apparent that the relief claimed for by the plaintiff in the plaint was that the land be transferred in her name at the rate of Rs. 500 per sq. metre, besides other charge regarding transfer, etc. The operative portion of the judgment says that the suit is decreed for mandatory injunction against the defendant directing the defendant to transfer the land in issue in the name of the plaintiff on fixed price in accordance with the Rules and fee thereof. It was also Stated that in case the defendant fails to do so, the court will get it done. The defendant refused to obey the decree, consequent thereto, the plaintiff filed execution application for getting the decree executed through court. The defendant-Ghaziabad Development Authority took objection that the plaintiff is not entitled to get the plot transferred at the rate of Rs. 500 per sq. metre and there was no specific direction to the same effect in the operative portion of the judgment and decree.;