Ramchandra Singh Jhala, J. - (1.) This second appeal has been filed by the appellantplaintiff against the judgment and decree dated 28.8.2017 passed by learned Additional District Judge No.2, Bhilwara in Civil Appeal No.48/2013 whereby it confirmed the judgment and decree dated 29.11.2012 passed by learned Civil Judge (Junior Division) West, Bhilwara in Civil Original Suit No.77/2008 filed for permanent and mandatory injunction.
(2.) Brief facts of the case are that appellant-plaintiff filed a suit for permanent and mandatory injunction against the defendant Urban Improvement Trust (UIT) Bhilwara alleging therein that house No.3-S-28/3 was allotted to Shri Devi Das S/o Asan Das by the defendant respondent UIT. Thereafter Shri Devi Das as per sale agreement dated 27.6.2006 sold the house to the appellant-plaintiff and he received an amount of Rs. 75,000/- from the appellant-plaintiff and handed over the possession to her with a condition that whatever amount is remaining to be paid to the defendant-UIT will be deposited by the appellant-plaintiff. After taking possession of the house in question, the appellant-plaintiff shifted to this house with her family and took electricity connection also and is living there with her family. The appellant-plaintiff thereafter approached the office of the defendant-UIT and requested them that the house in question be allotted to her and the plaintiff is ready to deposit whatever amount is due against the original allottee but in vain.
(3.) The defendant-UIT filed its written statement and submitted that house in question was allotted to Shri Devi Das Sindhi and allotment letter was issued in his favour on 5.4.2005 but since the due amount was not deposited by Shri Devi Das within a stipulated period hence according to allotment conditions, the allotment made in his favour has automatically cancelled and it was a prior condition in the allotment letter that the possession letter will be issued only after deposition of requisite amount and in this way the house in question was never in possession of Shri Devi Das.;