HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 940/2023

1.

Rohit Chopra S/o R.B. Chopra, Resident Of House No.

98/39, Sector-03, Trikuta Nagar, Jammu, Through His

Power Of Attorney Holder, Surendra Yadav S/o

Rameshwar Dayal, Resident Of Naspur, Tehsil Behror,

District Alwar (Raj.).

2.

Dhillon Cement Private Limited, Through Its Authorized

Representative Surendra Yadav.

3.

Behror Manufacturing Company, Behror Through

Surendra Yadav S/o Rameshwar Dayal, Authorized

Representative.

----Appellants

Versus

1.

Senior Regional Manager, RIICO Limited, Epip, Neemrana,

District Alwar (Raj.).

2.

Managing Director, RIICO Limited, Udyog Bhawan, Tilak

Nagar, Jaipur (Raj.).

----Respondents

For Appellant(s)

:

Mr. Gaurav Gupta

For Respondent(s)

:

Mr. Prateek Singh on behalf of

Ms. Sheetal Mirdha, AAG

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Date of judgment

::::

18/07/2023

Instant appeal has been filed by the appellants-plaintiffs (for

short ‘the plaintiffs) against judgment dt. 9.2.2023 passed by

Additional District Judge No.1, Behror, District Alwar (for short,

‘the Appellate Court’) in Civil Regular Appeal No.12/2020 (CIS

(2 of 7)

[CMA-940/2023]

No.13/2020) (Senior Regional Manager, RIICO Ltd. & anr. vs.

Rohit Chopra and ors.) whereby appeal filed by the respondents-

defendants (for short ‘the defendants’) has been allowed; the

judgment and decree dt. 24.12.2019 passed by Senior Civil Judge

No.1, Behror, District Alwar (for short, ‘the trial court’) in Regular

Civil Suit No.50/2016 (135/2015) (Rohit Chopra and ors. vs.

Senior Regional Manager, RIICO Ltd. and anr.) decreeing the

plaintiffs’ suit for permanent and mandatory injunction has been

set-aside and the matter has been remanded to the trial court to

decide the matter afresh after taking evidence on additional issues

framed by the appellate court.

Brief facts of the case are that the plaintiffs filed a suit for

mandatory and permanent injunction against the defendants

stating that property-in-question bearing Plot No.A-15B (now A-

15A) measuring 5000 square meters situated in industrial area,

Behror was allotted to one Sh. S.B. Sood by defendant No.1 on

15.10.1986 and S.B. Sood had deposited Rs.1,32,821/-. Likewise,

Plot No.A-15A (now A-15B) was allotted to R.B. Chopra (father of

the plaintiff No.1) by the defendants for establishing a cement

plant and he established a cement plant in the name of Dhillon

Cement Pvt. Ltd. Both the plots were interchanged by defendants.

Plot No.A-15A changed to plot no. A-15B belongs to Sh. R.B.

Chopra and similarly Plot No.A-15B changed to plot no. A-15A

belongs to Sh. S.B. Sood. S.B. Sood and R.B. Chopra were

business partners. Plot-in-question A-15A (now A-15B) came in

the share of R.B. Chopra, which was corraborative by order dt.

11.8.1994 passed by Delhi High Court and order dt. 16.12.2014

(3 of 7)

[CMA-940/2023]

passed by Court of Sub-Registrar Munsif, Jammu. Plaintiffs

requested the defendants to transfer the plot-in-question in the

name of the plaintiffs but they did not transfer the plot in question

in their name. R.B. Chopra and his wife died on 17.9.2006 in

terrorist attack in Jammu. Plaintiffs filed an appeal before

Managing Director of the defendants on 28.2.2014. On 3.6.2014

Managing Director directed the plaintiffs to deposit

Rs.1,73,09,833/- with relevant documents for transferring the plot

in their name and plaintiffs deposited the same but instead of

transferring the same, the defendants cancelled the allotment of

plot and issued letter dt. 2.7.2015 for auctioning the plot in

question.

The defendants filed the written statement and denied

averments made by the plaintiffs in the plaint and stated that plot-

in-question was allotted to S.B. Sood but subsequently it was

cancelled due to non-compliance of the conditions under

allo