AMRITSAR IMPROVEMENT TRUST Vs. DR. KULWANT SINGH

JUDGEMENT

(1.) The facts giving rise to the present petition, in short, are that the respondent filed a suit for permanent injunction restraining the Amritsar Improvement Trust- defendant from alloting plot No. D-51, situated at Ajnala Road, Area Expansion Scheme, Amritsar to anybody for which plot he was a successful person in the draw of lots on Oct. 21, 1986 and had paid a sum of Rs. 8,000.00 by way of advance money. The case of the defendant-petitioner is that the Government by order dated June 9, 1987 cancelled the draw of lots held on Oct. 21, 1986 and, therefore, the plaintiff has no right in the plot in question. The plaintiff also filed an application under Order 39 Rules I and 2 restraining the defendant from cancelling or re-alloting the said plot to any other person during the pendency of the suit.

(2.) The trial Court on consideration of the matter declined the application for temporary injunction. On appeal, learned Additional District Judge by her order dated May 9, 1991 accepted the appeal and ordered that the defendant shall not allot the plot in question to any other person till the decision of the suit. Feeling aggrieved, the defendant Trust has filed the present revision petition.

(3.) During the course of arguments, it is informed that no decision has so far been taken by the Government to allot the plot in question or any other connected plots to any person either by draw of lots or by inviting applications or by way of auction. Further, the learned counsel for the respondent-plaintiff undertook that the plaintiff will complete his entire evidence within one month from the date already fixed provided at least one opportunity is granted to him and that the plaintiff will lead the evidence at his own risk and responsibility. Learned counsel for the petitioner-defendant also undertook that the defendant will conclude its entire evidence within two months thereafter on one or two dates of hearing. Learned counsel for the parties are further agreed that the revision petition be disposed of in terms of the undertakings given by the respective parties with a direction to the trial court to dispose of the suit as expeditiously as possible and in any case not later than April 30, 1993. The revision petition is, therefore, disposed of in the terms and directions indicated above. There shall, however, be no order as to costs. Ordered Accordingly.