- (1.) THIS judgment shall dispose of six regular second appeals, i.e. RSA Nos.3010, 3014, 3032, 3044, 3049 & 3069 of 2011; as all these appeals have arisen out of one common judgment of the trial Court vide which six suits of the plaintiff -respondents on similar facts and law were decreed and further appeals in all these cases were also decided vide one common judgment by the lower appellate Court. However, facts are being noticed from RSA No.3010 of 2011. Since the appeals are being decided on merits, separate applications filed in all these appeals seeking condonation of delay in filing/refilling the appeals have become redundant.
(2.) IN some of these appeals, applications for leading additional evidence have been filed. However, learned counsel for the applicantappellants does not wish to press these applications.
(3.) ORDERED accordingly. Main Appeals Plaintiffs in all these appeals were allotted plots in question vide allotment letter dated 11.12.2001 as per the terms and conditions of the allotment letter. Plaintiffs also deposited 25% of the price of the plots. Possession of plots was to be delivered within 30 days of such allotment, however, same was delivered on 26.02.2002. The plaintiffs constructed their shops over the allotted plots within a period of 1 1/2 months and applied for completion certificate on 10.04.2002. As per the terms and conditions of the allotment letter, 75% of the balance amount was to be paid by the allottees in six equal instalments and the first instalment was to start on expiry of six months from the date of allotment letter. According to the plaintiffs, they started depositing the instalments of the plots as per the schedule in the allotment letter. Defendants granted incentive to the allottees by waiving off the amount of interest on the instalments from the date of completion of construction of shops over the allotted plots, if the construction had been completed by the allottees within two years from the date of allotment. Thus, it was pleaded that as per the Policy of the defendants, issued vide letter dated 20.07.2002, no interest was to be charged on the instalments which were to be paid by the plaintiffs to the defendants since the date of completion of construction of shops in question. However, to the surprise of the plaintiffs, they received the impugned notices (demanding Rs. 2,00,846 in RSA No.3010 of 2011) as outstanding qua the penalty and interests. Other allottees also received such demand notices. The plaintiffs were also threatened resumption of the plots in case of failure to deposit the demanded amount. Thus, the plaintiffs challenged the aforesaid demand notices being illegal, null and void, and not binding on their rights.;