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1996 Supreme(SC) 2192

G.B.PATTANAIK, K.RAMASWAMY
Haryana Urban Development Authority – Appellant
Versus
Ranjan Dhamina – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. This appeal by special leave is directed against the judgment dated 25.3.1996 of a learned Single Judge of the Punjab and Haryana High Court in R.S.A. No. 288 of 1996 dismissing the defendants Second Appeal and confirming the judgment and decree of the learned trial Judge as affirmed by the learned Additional District Judge.

2. The plaintiffs filed the suit for a declaration that the notice issued by Defendant No. 1 on 5.4.1990 demanding the additional sum of Rs.4,66,847/- is illegal, invalid and inoperative and as such defendants are not entitled to claim the said amount. The short facts as pleaded in the plaint are that industrial plot No.42 in Sector 10 in industrial estate, Gurgaon was provisionally allotted to the plaintiffs in the name of M/s. Exotica International Enterprises under letter dated 7.10.1984 (Ex.P.1). The price fixed for the plot was Rs.1,54,870/- at the rate of Rs.154.87 per square metre. A part of the amount was required to be paid immediately and accordingly the plaintiffs deposited the demanded amount of Rs.48,396.90 under Exhibit P.2 dated 9.10.1985. The possession of the plot was delivered to the plaintiffs on 14.11.1






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