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  Doshi Mohanlal Durlabhji vs Savarkundla Municipality on 26 March, 1981 Equivalent citations: AIR 1982 Guj 6, (1982) 1 GLR 290

 This is an appeal against the judgment and decree passed by the learned District Judge, Bhavnagar in Regular Civil Appeal No. 23 of 1977, allowing the appeal of Savarkundla. Municipality and setting aside the Judgment and decree passed by the learned Civil Judge, Junior Division, Savarkundla in civil Suit No. 22 of 1973 in favour of the plaintiff (present appellant) restraining the defendant Municipality (present respondent) from reauctioning or reselling plots Nos. 1 and 8 hem the land of Krishna Oil Mills Savarkundla.

Against decision of
N. K. Desai. Dist J.,Bhavnaear, in Civil Appeal No. 23 of 1977


land of Savarkundla, and according to the accepted Position, at the auction held On 25-4-1968 he was the highest bidder for plot Nos. 1 and 8 and his bid for Plot No. I was Rs. 10,325/-, and for plot NO. 8 was Rs. 11.501/-. According to the plaintiff, this auction was confirmed by the municipality and, therefore, as per the conditions, Plots were to be given to the highest bidder and the highest bidder had to pay one-half of the purchase price on acceptance of the bid, and second condition was that the balance of the purchase price was to be Paid within 15 days of the acceptance ' on the information given by the municipality. According to the plaintiff. he was given notices by the municipality on 26-4-1968 to deposit half the Price for those two plots. Those notices are Exs. 44 and 45. According to the plaintiff, he went to pay the said amount but he was informed that as there was stay order from the Collector, the amount would not be accepted. It is therefore, his case that he did not receive any intimation thereafter to pay the amount.

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