JALANDHAR IMPROVEMENT TRUST Vs. KULDIP KAUR

JUDGEMENT

(1.) The appeal in hand has been preferred against the judgment and decree dated 19.02.1986, passed by the learned Additional District Judge, Jalandhar (hereinafter referred to as 'the first Appellate Court'), whereby the suit of the Plaintiff-Respondent has been decreed while setting aside the judgment and decree passed by the learned Sub Judge, 1st Class, Jalandhar (hereinafter referred to as 'the trial Court'), dismissing the suit of the Plaintiff-Respondent.

(2.) Brief facts of the case in hand are that the Plaintiff-Respondent, Kuldip Kaur, preferred a suit against the Defendant-Appellants on the ground that she was owner of the land measuring 14 marlas 102 sq. feet consisting of plot Nos. 97 and 98 in the abadi of Satnam Nagar Extension, Near Model Town, Jalandhar, vide Jamabandi 1969-70, which was acquired by the Punjab Government on behalf of the Appellants for execution of scheme known as 110 Acres. After the acquisition of her land, the Plaintiff-Respondent became entitled to the allotment of plot measuring 15 marlas being local displaced person. The Defendant-Appellants were asked to allot the plot but to no avail. In this background, the suit for mandatory injunction was filed by the Plaintiff-Respondent before the learned trial Court directing the Plaintiff-Appellants to allot her one plot of land measuring 15 marlas.

(3.) The Defendant-Appellants contested the suit of the Plaintiff-Respondent and filed written statement wherein it was inter alia pleaded that the Plaintiff-Respondent was not the owner of the land in question which was acquired for the execution of development scheme of 110 acres, 2 years before the first publication of the notification.