SATYANAND Vs. JAGDISH SINGH

JUDGEMENT

(1.) THE impugned judgment is the judgment dated 23.8.1997 which had endorsed the finding of the Trial Judge dated 17.11.1994 dismissing the suit of the plaintiff.

(2.) PLAINTIFF Satya Nand is a social worker engaged in helping the needy for getting yoga treatment. He had requested the Delhi Administration for allotment of land under the 20 Point Programme. In the year 1976 the Delhi Administration had allotted plots of land to poor people; plaintiff had been allotted plot No. 228A, Ambedkar Nagar, Haidarpur, New Delhi. An initial deposit of Rs. 45/ - was made by the plaintiff; possession of the plot was handed over to him; plaintiff had constructed only a portion of the plot. It is pointed that the defendant being an official person had dispossessed the plaintiff and built a double storied house on the said plot; this was in a part of the portion of the said land; in 1991 defendant again dispossessed the plaintiff. plaintiff accordingly filed the present suit for possession and mesne profits.

(3.) plaintiff had examined two witnesses. Patwari had come into witness box as PW -1. plaintiff had examined himself as PW -2; he had proved his caste certificate showing himself as "Kabir Panthi" Ex.PW -2/1, the LR Receipt, had a cutting; No. 309 had been scored off, No. 228A had been written. This had been admitted by PW -1. PW -1 further admitted that a plot had been allotted to him in Mangolpuri which had been demolished and an alternate plot had been allotted to him in Mangolpuri. Trial Court had noted that the plaintiff had not been able to prove his allotment; no allotment letter had been proved; it had noted that the plaintiff had admitted that he had got a plot allotted to him in Mangolpuri; he could not, thus under the 20 Point Programme get another plot in Haidarpur. Trial Judge had also noted that a contrary stand has been set up by the plaintiff; whether he was dispossessed in 1982 or in 1991 was not clear even to himself. The suit of the plaintiff had been dismissed.