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Showing contexts for: common plot in P.Balakrishnan vs Tiruchirapalli Cooperative House on 3 August, 2018Matching Fragments
13 All the four appeals were heard together and after full contest, all four appeals were disposed of by a common judgment dated 13.1.2004. Vide this common judgment, the first appellate court, pragmatically speaking improvised and legally speaking modified the judgment of trial court. The first appellate court vide common judgment held that the original allottee should be given a plot (in the same lay out) which is similar in dimensions and similar to that of suit plot. First appellate court also held that the said society will be entitled to get balance payment only in accordance with the consideration of the suit plot in 1981 when the plot was initially allotted to original allottee. First appellate court also held that alternatively, if no plots are available for conveyance to the original allottee in the aforesaid manner, superstructure put up by auction purchaser in the suit plot should be valued by the official valuer and original allottee should pay for the superstructure at that rate and housing society should convey the suit plot along with superstructure to the original allottee. There was one more limb of the judgment of the first appellate court and that is to the effect that the said society should return the entire consideration to the auction purchaser. The original allottee was satisfied with the aforesaid common judgment of first appellate court and did not prefer any appeal.