KEWAL SINGH JASPAL AND OTHERS Vs. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) Kewal Singh Jaspal and others filed this regular second appeal to impugn the judgment and decree dated 26.9.2011 passed by Additional District Judge, SAS Nagar, Mohali, dismissing the appeal of the appellants against the judgment and decree dated 3.3.2009 passed by Additional Civil Judge (Senior Division), SAS Nagar, Mohali, in Civil Suit No. RT-474 of 23.9.2002/24.7.2006.

(2.) Appellants-plaintiffs filed main suit for declaration on the allegation that Kartar Singh son of Bhagwan Dass, resident of Village Sarih, Tehsil Nakodar, District Jalandhar, applied for residential plot measuring 500 sq. yards with the respondents along with earnest money vide application bearing Receipt No.9336. Kartar Singh expired on 20.5.1984 and his wife also expired on 21.1.1993 issueless. Appellants are the legal heirs of Kartar Singh. In the year 1994, respondents allowed pending applications to transfer their registration in the name of other persons by charging nominal fee of Rs.1/- per sq. yard and taking the advantage of this permission of transfer and death of Kartar Singh, some officials of Punjab Urban Planning and Development Authority (PUDA) forged the document for transfer of registration No.9336 in the name of one Balwinder Kaur, employee of PUDA. Regarding transfer of application of dead person, matter was taken up by the Vigilance Department and after enquiry, case was registered against the employees of PUDA. Summons were sent to the original applicant, namely, Kartar Singh to appear before the Vigilance Department, then the appellants came to know about the said fraud.

(3.) Respondents through public notice dated 3.9.1995 as well as individual notice gave chance to old eligible applicants to complete necessary formalities and deposit balance amount of 10% earnest money at the rate of Rs.1400/- per sq. yard and the appellants being legal heirs of Kartar Singh deposited Rs.70,000/- against registration No.9336 in the Estate Office vide Receipt No.85 Book No. 6 along with death certificate of Kartar Singh and application dated 4.10.1995. Appellants also obtained succession certificate dated 1.12.1992 qua the property and earnest money of Rs.62,000/- deposited against R.No.9336 from the competent Court and submitted the same in the Estate Office along with application dated 2.7.1997. Different applications dated 19.9.1997 and 22.8.1998 were sent for allotment of plot against R.No.9336 but no action by the respondents. Respondents held a draw of lots for allotment of plots on 7.6.2000 to about 80 similarly situated applicants in Sector 69, SAS Nagar, Mohali, but Registration No.9336 was not considered for allotment in the said draw of lots despite completion of formalities by the appellants. Notice dated 1.4.2002 was also issued to the respondents but no action.