SURESH KUMAR Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Pursuant to order dated 04.02.2013, costs of Rs. 10,000/- are said to have been deposited with the Legal Services Authority, Haryana. Written statement of the Estate Officer, HUDA, Sirsa, has been filed on behalf of the respondents, in Court, and is taken on record.

(2.) Facts of this case are that the petitioners purchased plot No. 78, situated in Mandi Township, Dabwali, in open auction on 11.12.1973 for a sum of Rs. 14,600/- in the name of the second petitioner, i.e. Prem Chand and his brother Ashok Kumar. Petitioner No. 1 is a third brother. All installments towards payment of the auction price are stated to have been paid along with interest and costs etc. by 19.03.1977.

(3.) Uptill here the facts are not denied by the respondents. However, the date of allotment is given to be different by the petitioners and the respondents, with the petitioners strangely saying that the date of allotment is 15.03.1978, whereas the respondents have annexed the allotment letter dated 25.03.1974, as Annexure R-1 with the reply. Subsequently, in a family settlement, the share of the joint auction purchase, i.e. Ashok Kumar, came to be settled in favour of petitioner No. 1, i.e. Suresh Kumar. Petitioner No. 2, Prem Chand, continued to hold his share. The said family settlement is stated to have been finally settled by Civil Court Decree dated 16.01.1987.