Arun Madan, J. - (1.) This civil second appeal is preferred against the Judgment and Decree dated 3.8.98 in appeal No. 9/96 passed by the Additional Civil Judge (Senior Division), Bundi, whereby he upheld the judgment and decree dated 30.9.1994 passed by the Civil Judge (Junior Division), Bundi in Civil Suit No. 9/88.
(2.) Brief facts leading to this appeal, are that plaintiff Kailash Chand Gupta (respondent) instituted a civil suit under Order 7 Rule 1 CPC, seeking decree to direct the defendant Housing Board Bundi (for short 'appellant Board') to allot a land measuring 60x40 sq. ft or alternatively two plots measuring 20 x 49 sq. ft on consideration of remaining balance of premium amount of Rs. 1500/- by getting registration of necessary document executed in his favour. In the plaint the plaintiff averred that upon his application, the Municipality Bundi (defendant Nos. 1 and 2) found him eligible for allotment of a plot measuring 60 x 40 sq. ft. in a residential colony known as Daulat Nagar Bundi, thereby he was directed to deposit 1/4th of premium/price of plot @ Rs. 500/- which was deposited by him on 6.12.83. However, rest of 3/4th amount of plot price to the tune of Rs. 1500/ was to be paid at the time of or before delivery of possession of the allotted plot. In January, 1987 the Municipality issued a notice renotifying the measurement of plot size as 25x64 sq. ft. with premium @.Rs. 100/- per sq. yard against previous notified premium for Daulat Nagar residential colony. It had also been notified that the applicants like plaintiff who had earlier deposited 1/4th premium amount; would be considered afresh upon their fresh application but with renotified premium and the earlier deposited 1/4th premium amount would be adjusted against security amount plus total premium amount of sale price of the plot. Against the said notice, the plaintiff under protest reserving his right to previously allotted plot measuring 60x40 sq. ft. had applied for allotment of plot measuring 20x49 ft. on 14.4.87 in accordance with renotified scheme of Daulatnagar, whereupon the Municipality by its notice dated 10.12.87 reallotted plot No. E/12 in Daulatnagar Colony in favour of the plaintiff on his application submitted under protest. On 15.1.88 the trial Court issued temporary injunction to keep one residential plot of size 60x40 sq. ft. reserved for plaintiff in Daulatnagar and not to allot the same to others.
(3.) During the pendency of suit, residential colony of Daulatnagar was transferred by the defendant Municipality to the Housing Board defendant Nos. 3 and 4. The Municipality submitted written statement. However the order to proceed ex parte against the defendant No. 3 and 4 (Housing Board authorities present appellant) was passed on 6.4.92. Eight issues were framed. After leading the evidence by the parties, the trial Court heard both the parties and by its judgment decided all issues in favour of the plaintiff and accordingly decreed the plaintiff's suit, against which the Municipality and the Housing Board preferred two separate appeals which were transferred by the District Judge Bundi for their final disposal to the Additional Civil Judge (SD) Bundi who by common judgment dismissed both the appeals while concurring with the conclusions drawn by the trial Court. Hence this second appeal.;