JANKIBAI JAISWAL BAHU UDHESIYA Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) The appellant is the society registered under the Societies Registration Act and it had filed Regular Civil Suit No. 604/1986, challenging the resolution passed by the Nagpur Improvement Trust on 20.01.1985 for allotment of the suit plot to the Nagpur Municipal Corporation. The case of the plaintiff in the suit was that on 20.02.1985, the Nagpur Improvement Trust passed a Resolution No. 3(b), deciding to allot the plot in question to the plaintiff and the proposal in respect of the same was sent to the State Government for sanction on 03.05.1985. However, without cancelling the said allotment, the plot was allotted to the Nagpur Municipal Corporation on 15.03.1986, which is arbitrary and illegal.

(2.) The trial Court by its judgment and order dated 8th September, 1989, dismissed the said suit holding that the plaintiff has failed to establish that the resolution passed by the Nagpur Improvement Trust on 15.03.1986 allotting the plot to the Nagpur Municipal Corporation was illegal. The trial Court has further held that the suit was bad for want of notice under Section 115 of the Nagpur Improvement Trust Act.

(3.) In Regular Civil Appeal No. 328/1989 preferred by the plaintiff, the appellate Court has held that the action of the Nagpur Improvement Trust in cancelling the resolution dated 20.02.1985 allotting the plot in favour of the plaintiff was arbitrary and nullity. However, the appeal is dismissed by concurring with the finding of the Trial Court that the suit was bad in law for want of notice under Section 115 of the Nagpur Improvement Trust Act.