THE JALANDHAR IMPROVEMENT TRUST Vs. PHAGGU RAM

JUDGEMENT

(1.) THE present Regular Second Appeal has been preferred by the Jalandhar Improvement Trust against the judgments dated 29.11.1986 passed by the learned Sub Judge 1st Class, Jalandhar and 3.6.1988 passed by the learned Addl. District Judge, Jalandhar.

(2.) BRIEFLY stated, the facts of the case are that the respondent Phaggu Ram filed a suit against the appellant for mandatory injunction seeking a direction to the effect that the appellant be directed to allot a plot of 1 kanal in J.P.Nagar Scheme in lieu of the land which was acquired by the appellant pursuant to a scheme which was published on 3.9.1974 under the provisions of Section 36 of the Punjab Town Improvement Act, 1922 and rules framed thereunder. The plaintiff-respondent, inter-alia, pleaded that he was owner of land measuring 8 kanals 11 marlas which he had purchased vide sale deed dated 30.6.1968 registered on 1.7.1968. The said land was acquired for the purpose of Development Scheme of 74.3 and 33.0 Acres and, therefore, he was entitled to a plot on preferential basis as he came within the definition of "local displaced person". It was pleaded that similar plots had been allotted to various persons for residential purposes and since the plaintiff- respondent's case was similar, he pleaded parity with those allottees.

(3.) ON the pleadings of the parties, the following issues were framed :-