SARDAR MANOHAR SINGH Vs. HOUSING COMMISSIONER

JUDGEMENT

(1.) The appellant is before this Court assailing the order dated 14-3-2006 in O.S. No. 467 of 1989 (166 of 1987-old) and the judgment dated 24-6-2011 in R.A. No. 128 of 2010 (R.A. No. 31 of 2006-old). The appellant herein is the plaintiff in the suit.

(2.) For the purpose of convenience and clarity the parties are referred to in the same rank assigned to them before the Trial Court.

(3.) The plaintiff filed the suit seeking for a judgment and decree of specific performance to enforce the exchange deed dated 6-12-1983 against the defendants. The defendants had filed their written statement disputing the claim as put forth by the plaintiff. The written statement had been filed on 10-11-1988. When the suit was pending for more than a decade and a half, the defendants filed an application under Sec. 72 of the Karnataka Housing Board Act, 1962 ("KHB Act" for short) contending that the suit is not maintainable for want of issue under Sec. 72 of the KHB Act. The application was opposed by the plaintiff. The Trial Court by its order dated 14-3-2006 has held the same against the plaintiff and dismissed the suit as not maintainable for want of issue of notice. The plaintiff claiming to be aggrieved by the same was before the Lower Appellate Court.