RAMCHANDRA SINGH JHALA,J. - (1.) This second appeal has been filed by the appellant-defendant against the judgment and decree dated 15.4.2005 passed by learned District Judge, Pali in Civil Appeal Decree No. 41/2003 by which the appeal filed by the appellant-defendant was dismissed and the judgment and decree passed by learned Civil Judge (Senior Division), Pali dated 14.5.2003 in Civil Original Case No. 156/2001 was upheld.
(2.) Brief facts of the case are that a suit was filed by the respondent-plaintiff for specific performance of contract as well as for grant of permanent injunction against the Municipal Council, Pali to restrain them from further making allotment of the plot in question to any other person. For the said plot, in an auction, the respondent-plaintiff had paid 1/4 of the total amount and he is in possession of the said plot.
(3.) The appellant-defendant had filed written statement wherein it was stated that on 20.6.1979, 1/4 amount of auction was deposited by the respondent-plaintiff, but due to non-depositing the remaining amount, the auction proceeding was cancelled and on 27.6.1986, the respondent-plaintiff was dispossessed. Earlier he was forcibly in possession of the suit property for which a notice was also given to him. It is also prayed by the appellant-defendant before the trial court that since the remaining amount was not paid and auction was cancelled, the suit may be dismissed.;