, 2013 5 AWC4566 SC , 2013 INSC 271 , 2013 (2 )J.L.J.R.327 , JT2013 (5 )SC 548 , 2013 (2 )PLJR359 , 2013 (6 )SCALE202 , (2013 )5 SCC182 , [2013 ]6 SCR199 , (2013 )3 UPLBEC1806 , ,MANU/SC/0393/2013
C.K. Prasad#V. Gopala Gowda#295SC3050Judgment/OrderAD#ALJ#AWC#INSC#JLJR#JT#MANU#PLJR#SCALE#SCC#SCR#UPLBECV. Gopala Gowda,SUPREME COURT OF INDIA2013-4-20Contractual Obligations and Rights - Particular Contractual Forms,Contractual Obligations and Rights - Particular Contractual Forms,Contractual Obligations and Rights - Particular Contractual Forms,Contractual Obligations and Rights - Particular Contractual Forms,Contract and Specific Relief156218,15717,15706,156217,16908,20480,156302,156229,156236,16916,16910,63556,156223,15328,15329 -->
MANU/SC/0393/2013
True Court CopyTM EnglishAWC
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 3908-3909 of 2013 (Arising out of SLP (C) Nos. 20848-20849 of 2011)
Decided On: 18.04.2013
Appellants: U.P. Avas Evam Vikas Parishad and Ors. Vs. Respondent: Om Prakash Sharma
Hon'ble Judges/Coram:
C.K. Prasad and V. Gopala Gowda JUDGMENT
V. Gopala Gowda, J.
1. Leave granted.
2. These appeals are directed against the judgment and orders dated 28.5.2010 and 18.4.2011 passed in Second Appeal No. 113 of 2001 and CMRS No. 215947/2010 by the High Court of Allahabad in allowing the second appeal by answering the substantial questions of law framed in favour of the Respondent-Plaintiff and rejecting the CMRS No. 215947/2010 in the aforesaid second appeal urging relevant facts and legal contentions in support of the Appellant-Defendant's case. The brief facts are stated for the purpose of appreciating the factual and rival legal contentions urged on behalf of the parties, in view to find out as to whether the impugned judgment and orders under challenge in these appeals are required to be set aside by this Court in exercise of its jurisdiction.
3. The ranking of the parties is referred to in the judgment as has been assigned before the 1st Additional Civil Judge, Bareilly for the sake of convenience.
4. The first Defendant (Appellant herein) is a statutory body created under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 for development of colonies, residential plots, commercial plots and complexes in the State of Uttar Pradesh. The first Defendant on 4.3.1977 published in the local newspapers for auction of nine shops and a plot earmarked for Cinema Hall measuring 3441.94 sq. meters in Izzat Nagar, Scheme No. 1, Block C and D in Bareilly District specifying the date of auction and furnishing necessary information. According to the Plaintiff, the reserved price of the Cinema plot was fixed at Rs. 1,80,200/- and the auction of the property was conducted on 11.3.1977 under the supervision of one Mr. Raj Kumar Singh Bisen, the then Assistant Housing Commissioner of the first Defendant Board. In the auction, the Plaintiff (Respondent herein) offered the highest bid of Rs. 1,31,500/- and as per the terms and conditions of the auction, he had deposited Rs. 26,300/- i.e. 20% of the bid amount, plus Rs. 500/- as earnest money.
5. In response to the Plaintiff's representations made to the first Defendant on 24.5.1977 and 1.6.1977........