PUSHPA RANI Vs. LUDHIANA IMPROVEMENT TRUST

JUDGEMENT

(1.) THE defendants are in appeal against the judgment and decree of both the Courts below in suit filed by the plaintiffs for declaration that the order dated 13.9.2006 issued vide memo No.9737 and order dated 18.1.2007 issued vide memo No. 677 by defendant No.3, are null and void and also prayed for mandatory injunction seeking a direction to the defendants to revoke the cancellation of Plot No.326 -G measuring 125 square yards, situated in 475 acres scheme, Shaheed Bhagat Singh Nagar, Ludhiana.

(2.) IN brief, case of the plaintiffs is that the above said plot was allotted to Balbir Chand Johar, husband of plaintiff No.1 and father of other plaintiffs vide allotment letter dated 03.1.1986. Most of the price of the plot was paid by the husband of plaintiff No.1 and the plaintiffs were ready to pay the balance amount with interest. It is further alleged that after death of Balbir Chand Johar on 20.11.2003, the plaintiffs became the owners of the suit property to the extent of 1/5th share each but the defendants have illegally and unlawfully cancelled the allotment of plot by way of the impugned orders.

(3.) IN the written statement, it was alleged that the plaintiffs have not approached this Court with clean hands and suppressed the material facts. It was alleged that the plaintiffs had filed an earlier suit which was dismissed in default on 28.3.2006 by the Court of Sh.Vijay Kumar, Civil Judge (Junior Division), Ludhiana.