PUNJAB STATE AND ANOTHER Vs. TARA CHAND

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for mandatory injunction has been decreed by both the Courts below.

(2.) Tara Chand plaintiff applied to the Urban Estate Department, Punjab on 23rd January, 1973 for the allotment of a plot measuring one Kanal at Jullundur. The Urban Estate Department had invited applications for the allotment of plots. The plaintiff paid a sum of Rs. 1,500/- along with application. On 5th March, 1974 the said department offered him to allot a plot on priority basis on payment of the entire sale consideration in lump sum. In the year 1980 he was again offered a plot in the urban estate Jullundur on the payment of Rs. 26,000/- vide letter Exhibit P.2. He was also required to produce a certificate about his belonging to the scheduled caste community. He was further asked to deposit the entire amount in the bank along with certificate on 31st October, 1980. Thereafter he approached the said department for the allotment of the plot. However, according to the plaintiff he was being put off on one excuse or the other. On 11th June, 1981, he was informed that the amount paid by him will be treated as earnest money and the plot would be allotted to him as per the revised policy keeping in view the socio-economic groups and the plot will be given to him in open auction. On receipt of this intimation, the plaintiff served a notice under section 80 C.P.C. requiring them to allot the plot in question and on expiry of the period of matter the present suit was filed on 7th November, 1981.

(3.) In the written statement of State of Punjab took objection as to the maintainability of the suit in the Civil Court in view of the provision of section 10 of the Punjab Urban Estates (Development and Regulation) Act, 1964 (hereinafter referred to as the 'Act'). On merits it was pleaded that they had given an offer to the plaintiff to the allotment of a plot on priority basis on payment of the entire sale consideration in lump sum. However, it was mentioned by them that this was simply an offer and the Government was under no obligation to allot him a plot. It was maintained by them that in view of the revised policy of the Government, only a plot measuring 200 yards can be allotted to the plaintiff. The main controversy between the parties in the trial Court was as to whether the plaintiff was entitled to the allotment of one Kanal plot as alleged.