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Judgment
By means of this writ petition the petitioner has prayed for a writ of certiorari to quash the notice dated 13.10.2005 on the ground that earlier the cancellation of allotment dated 18.9.85 which has been declared in original civil suit No. 167 of 1990 to be illegal by the civil court. The judgment of the civil court is on record. It has not been stated any where in the writ petition that no appeal was filed and the judgment of the civil court aforesaid have become final between the parties.
However statement of fact has been made in paragraph 13 of the writ petition that NOIDA has no right to enforce dispossession of the petitioner from the site allotted to him and on the contrary the NOIDA is under legal obligation to execute the lease deed as the petitioner has already fulfilled his part of performance by having already paid the entire amount of consideration and also having errected the construction as per the condition of the Higher Purchase Agreement within the time stipulated under Clause 4-C of the Higher Purchase Agreement, which NOIDA itself acknowledged vide its letter dated 4.9.1982.
Section 53 of the Transfer of Property Act fully protects the right of the petitioner and the petitioner cannot be dispossessed in view of the fact that petitioner has paid the money and is in possession. Subject to above the petitioner has to file a civil suit on the basis of the facts narrated above seeking the benefit of 53A for execution of sale deed. No relief can be granted as prayed, therefore the writ petition is dismissed. No order as to costs.