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Judgment
ON 02.03.1994 Mr. Tirupathaiah requested that he will produce partnership deed and other papers to show that he has nothing to do with the partnership firm and that, therefore, he is not liable to pay any amount. He was specifically informed that the case is posted to today and if he failed to produce the papers, the case will be disposed off on merits. Today, Mr. Tirupathaiah was not present and no documents are filed on his behalf. The case is accordingly disposed off on the material available on record.
THE complainant in CD. No. 254 of 1991 is the appellant. It is not in dispute that the complainant paid 23 instalments at the rate of Rs. 130.00 each amounting to Rs. 2,990.00 and she is also a prize winner in the 23rd draw and according to the rules, she is entitled for a plot of 20 X 60 or 30 X 40 size. The District Forum accepted the contention and directed that a plot shall be allotted to her without demanding any further instalment or in default to refund Rs. 2,990.00. This is evidently a mistake. In case of the default of registration of the plot, she is entitled for the payment of the value of the plot, which is nearly a sum of Rs. 5,200.00.
The order of the District Forum merely directing the payment of the instalment amount paid in alternative to allot a plot is a mistake and the figure of Rs. 5,200.00 should be substituted for Rs. 2,900.00. The appeal is accordingly allowed. No costs. Appeal allowed.