- (1.) This judgment shall dispose of RSA Nos. 1102 and 1103 of 2009 and CWP No. 14832 of 2010 as the controversy in all these cases revolves around plot No. 16, Marble Market, Sector 21-C, Faridabad.
(2.) The brief facts are that the subject plot was allotted to M/s Laxmi Rattan Marbles vide allotment letter dated 18.09.2001. The marble market at Sector 21, Faridabad was established on the shifting/displacement of the unauthorised marble market at Mathura road, Faridabad. The allottee had opted to pay the consideration amount of this plot in instalments. A letter dated 07.02.2005 was submitted before the Haryana Urban Development Authority (hereinafter referred to 'HUDA') for handing over the possession of plot. As per the allottee - M/s Laxmi Rattan Marbles, this letter had been forged by the appellant (in RSA No. 1102 of 2009) Sandeep Khatri and his brother Sanjay Khatri. The allottee M/s Laxmi Rattan Marbles immediately wrote to HUDA authorities vide letter dated 08.02.2005 submitted on 09.02.2005 that they had never requested for the handing over of the possession of the plot and someone else is trying to take forcible possession of the same. The possession of the plot No. 16 was offered to the allottee M/s Laxmi Rattan Marbles by HUDA vide letter dated 20.04.2005. It was directed that the construction over the site should be completed within a period of two years failing which the plot would be liable for resumption.
(3.) Civil Suit No. 448 of 2005 (giving rise to RSA No. 1103 of 2009) was instituted bySandeep Khatri against Rattan Lal Jain and Smt. Laxmi Jain on 02.04.2005 praying for permanent injunction and restraining the defendants from dispossessing him from the suit property i.e. Plot No. 16, Marble Market, Faridabad except in due course of law. It was averred by him that he was carrying on business of sale of marble stones in the plot in dispute under the name and style of M/s Shivam Makrana Marbles since 05.03.2002. The plot had been given to him on rent at the rate of Rs. 3500/- per month. Prior thereto, he had been carrying on his business at 17/3 Mathura road, Faridabad but when the marble market was shifted to Sector 21, Faridabad he had taken the disputed plot on rent in March 2002. He relied upon the intimation of the change of address to the assessing Authority, Excise and Taxation Office, Faridabad as well as the certificate of registration to show his presence as a tenant of the disputed plot. He also relied on payment of house tax for the year 2003-04 and 2004-05 in respect to the plot to the Municipal Corporation, Faridabad (for short 'MC Faridabad'). He was asked to vacate the premises by the defendants in the month of March 2005.;