GAJINDER PAL SINGH Vs. MEHTAB SINGH

JUDGEMENT

(1.) Defendants have filed I.A. 6885/96 under Order VII Rule 11 Civil Procedure Code for rejection of the plaint which is being contested by the plaintiff by filing reply.

(2.) Contention advanced by Sh.U.K. Chaudhary appearing for defendants 1 & 3 was that first page of the Compensation Card in the name of Parman Singh filed by the plaintiff indicates that the same was issued on 7.5.1955 and payment of interim compensation was made to Parman Singh thereafter. Documents at serial Nos. 1A, 2 & 3 filed alongwith the plaint go to show that property No. B-13, Nizamuddin East, New Delhi was purchased by aforesaid Parman Singh on 25.5.1990. According to Sh. Chaudhary, if the compensation in lieu of the alleged ancestral properties left behind in Pakistan was received by Parman Singh after 7.5.1955, how could he purchase said property B-13, Nizamuddin East, with the compensation amount. Plaint, therefore, does not disclose cause of action as regards said property No. B-13 and the same deserves to be rejected under rule 11 of Order VII CPC.

(3.) Amongst others, plaintiff has filed photostat copies of the Compensation Card in the name of Parman Singh and letters dated 12.3.1950, 26.3.1950, 25.5.1950 and 23.10.1953 sent by the Government of India, Ministry of Rehabilitation, which are entered at serial nos. 1, IA, 2, 3 & 4 in the list of documents dated 4.2.1994. It is these documents reference whereof was made above by Sh. Chaudhary. Date of issue of aforesaid Compensation Card is 7.5.1955. By the said letter dated 12.3.1950 Parman Singh was informed that about 500 houses under construction in the various colonies in Delhi were being developed for displaced persons and those were likely to be completed by the end of June, 1950 and if he was interested in allotment of a house, Rs. 5,000.00 be deposited by him in the Government Treasury/Imperial Bank of India. This letter was issued with reference to the application dated 26.10.1950. CoCntents of another letter dated 26.3.1950 are similar to that of the letter dated 12.3.1950 except that the amount to be deposited was reduced from Rs.5,000.00 to Rs.2,000.00 . By the aforementioned letter dated 25.5.1950 sent by Sh.V.P. Sood, the then Assistant Secretary, Government of India to the House Building Controller, Wavell Canteen, Delhi, it was intimated that it had been decided to allot one doubled room house in Nizamuddin East to Parman Singh for a sum of Rs. 5,000.00 , already deposited by him in the Treasury. By yet another letter dated 23.10.1953, said Parman Singh was asked to further deposit a sum of Rs. 946.00 being the difference between the amount of the actual cost and the amount deposited by him in regard to house No. B-13, Nizamuddin East.