Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of contract in relation to a residential plot which the plaintiff claimed to have purchased from the Housing Society---Plaintiff, who was not a Federal Government employee and member of the Society was not entitled to allotment of the plot, claimed that the then Administration of the Society offered the said plot to him, which he accepted and paid the entire sale consideration; that possession was delivered to him and even a sub-licence was registered in his favour and that letter of allotment was issued to him---Validity---To seek a lawful allotment of a residential plot in the Society, Licence Agreement clearly stipulated that a person must possess two basic qualifications i.e. he must be an employee of Federal Government and must be a member/shareholder of the Society which qualifications the plaintiff admittedly lacked---Administrator, who was head of the Society at the relevant time, was not expected to be ignorant of the fact that the plaintiff was not a member of the Society nor he was ignorant of the scope of his authority to make allotments of residential plots---Administrator, thus abused his power---When powers of a public functionary were circumscribed by a written document then such powers were to be exercised strictly within the four corners of the prescribed limits---No public functionary, who was entrusted with the duty of dealing with Government property, should consider himself to be possessed with unfettered or unregulated powers to be used or abused in disregard of the prescribed limits---Administrator, in the present case,. had travelled beyond the scope of his authority and misconducted himself while allotting the plot to the plaintiff and it was a clear case of dishonesty and abuse of power on his part---Plaintiff, in circumstances, was not qualified to seek allotment of the plot of land in the Society---Entire process of allotment and execution of sub-licence in favour of plaintiff was invalid being violative of Licence Agreement and Bye-laws of the Society---Suit was dismissed---Principles. (b) Cause of action--- ----Presumption---When one stand is taken at…

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