JUDGMENT :

1. Heard Shri M.D.Singh Shekhar, learned Senior Counsel assisted by Shri R.D.Tiwari, learned counsel for the appellant and Shri S.K.Verma and Shri S.K.Singh, learned counsel for the contesting respondents on admission of the instant appeal and perused the record placed on the Board.

2. Suit for mandatory injunction for issuing a direction against the defendants-appellants to execute the registered sale deed in favour of the plaintiff-respondent with respect to plot no. C-107 area 300 sq. yards situated in Ganga Vihar Colony (Pink City), Gram Sadullabad Pargana Loni, Tehsil and District Ghaziabad after receiving the balance amount of Rs. 252.70 and to declare the cancellation letter dated 7.10.2011 null and void filed on behalf of the plaintiff-respondent has concurrently been decreed by both the courts below. Having been aggrieved against the decreetal of suit, defendants-appellants have preferred the instant second appeal assailing the judgment and decree dated 17.1.2023 passed by the learned District Judge, Ghaziabad in Civil Appeal No. 117/19 affirming the judgment and decree dated 3.9.2019 passed by the Civil Judge (Senior Division)/Fast Track Court, Ghaziabad in Original Suit No. 601 of 2011.

3. Plaintiff-respondent came with the plea that the defendants-appellants have developed a colony in the name of Hal Ganga Vihar Colony (Pink City) in Village Sadullabad, Pargana Loni, Tehsil and District Ghaziabad in the year 1986 and advertised for allotment of several size of plots in the said colony. In pursuance of the advertisement, the plaintiff-respondent had applied for allotment of plot. Consequently, she has been allotted plot no. C-107 area 300 sq. yard @ Rs. 252.70 per sq. yard on 23.12.1987 after getting discount from the original proposed rate i.e. Rs. 266/-per sq. yard. Plaintiff-respondent has deposited money amounting Rs. 80,500/-on 5.1.1988. The defendants-appellants, by the letter dated 30.12.2008, has admitted the deposition of money amounting Rs. 83,000/-and further demanded Rs. 22,592/-. In pursuance thereto, the plaintiff-respondent has deposited more money amounting Rs. 51,350/-, than the demanded amount i.e. Rs.25,592/-, on 28.1.2009. When the plaintiff-respondent has requested to execute the sale deed in light of the letter dated 30.12.2008, the defendants-appellants have deferred the execution of sale deed on the pretext of pendency of the Writ Petition No. 22445 of 2007 wherein use of land, which has been changed by the Ghaziabad Development Authority, was under challenge. Through letter dated 15.11.2009, the defendants-appellants have informed the final disposal of the aforesaid writ petition and also assured that the sale deed will be executed soon. Later on, dishonesty prevailed in the mind of the defendants-appellants who have started demanding more money whereas major part of the agreed amount has already been deposited by the plaintiff-respondent. A registered letter dated 12/13.1.2010 has been sent by plaintiff to defendants with a request to executed a registered sale deed in her favour. However, defendants-appellants are throughout avoiding to executed registered sale deed, therefore, suit for mandatory injunction has been filed against the defendants-appellants to execute the sale deed.

4. During pendency of the suit, defendants-appellants have issued a cancellation letter dated 7.10.2011 informing the plaintiff-respondent qua cancellation of allotment of plot made in her favour. Plaintiff-respondent has tried to persuade defendants-appellants to withdraw the said cancellation letter and execute sale deed, however the defendants appellants turned a deaf ear, therefore, the plaintiff-respondent has moved an amendment application seeking ancillary relief to declare the cancellation letter dated 7.10.2011 null and void.

5. The defendants-appellants, though admitted the allotment of plot no. C107 area 300 sq. yards in favour of plaintiff-respondent and deposition of money amounting Rs.80,500/-