(1.) IMPUGNED in the present regular second appeal is the judgment and decree dated 24.01.2003 passed by learned Addl. District Judge, Amritsar, affirming the judgment and decree dated 23.10.2000 passed by learned Civil Judge (Jr. Divn.), Amritsar, vide which the suit of the plaintiff was decreed and defendant No. 2 i.e. The Amritsar Improvement Trust, Amritsar (in short 'the Trust') was directed to consider the claim of the plaintiff as genuine member of the society and if he is found entitled for allotment of plot, the same be allotted to him as per the Ajnala Road Development Scheme of the Trust.
(2.) THE facts of the case are that the plaintiff, who happens to be the practicing Advocate at District Court, Amritsar, filed a suit for mandatory injunction for directing defendant No. 2 to make allotment of the plot to the plaintiff, who is the member of the Amritsar District courts Advocates Co -operative House Building Society Limited, Amritsar (in short 'the Society') as per the sanction granted by the State Government vide memo No. 867 -144 -CII -83, dated 14.07.1983 in the Trust and also as per directions of this Court in Civil Writ Petition No. 3749 of 1993 dated 26.04.1994.
(3.) DESPITE the best efforts made by the Managing Committee of the Society, the defendant -authorities did not make allotment. Then a civil suit was filed on 03.03.1988 against defendant No. 2 and others, which was decreed by the Civil Court and defendant No. 2 was directed to make the allotment to members of the Society.