JALANDHAR IMPROVEMENT TRUST, JALANDHAR Vs. HARBANS KAUR

JUDGEMENT

(1.) Defendant-Improvement Trust has filed this appeal challenging the judgments/decrees passed by the courts below whereby the suit of the plaintiff for declaration and permanent injunction was decreed and the appeal filed by the appellant was dismissed.

(2.) The case of the plaintiff, in brief, was that the defendant-Improvement Trust had proposed to acquire 55 acres of land for a development scheme. The plaintiff was owner in possession of some land acquired by the trust which was included in the said scheme. The plaintiff approached the trust for allotment of a plot for her rehabilitation as a local displaced person. In consequence thereto, plot No. 153 measuring 6 Marlas was allotted to the plaintiff vide resolution No. 488 dated 06.3.1980. The plaintiff deposited Rs. 3300/- vide receipt dated 19.3.1980 towards 1/4 th price of the said plot. The plaintiff received memo dated 19.3.1981 qua cancellation of the said allotment. Hence, suit for declaration challenging the cancellation of allotment of plot and permanent injunction was filed by the plaintiff.

(3.) Defendant-Improvement Trust, in its written statement, admitted the factum of allotment of the plot to the plaintiff. It was averred that the allotment of the plot made in favour of the plaintiff was illegal as she could not be categorised as a local displaced person.