MANI RAM Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By this common judgment, I shall dispose of two Regular Second Appeals bearing Nos. 3391 and 3411 of 2017 as the questions of fact and law involved therein are identical in nature. However, for the sake of convenience, facts are being extracted from Regular Second Appeal No.3391 of 2017. RSA No. 3391 of 2017

(2.) The appellant-plaintiff filed a suit for mandatory injunction to direct respondent nos. 1 to 4 to allot him plot/residential House No.B-600 and also for permanent injunction to restrain the respondents from dispossessing him from the said residential house.

(3.) Learned counsel for the appellants has contended that both the learned courts below have committed a grave error in holding that the plots were allotted only on the basis of 'draw of lots' and on the basis of 'seniority', keeping in view of rule 8 (1) of the Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983 (hereinafter referred to as "the Rules 1983). The learned courts below lost sight of the fact that the respondent-Improvement Trust, while ignoring the claim of the appellant, allotted the plots under 2% reserved quota, to the persons, who were junior to the appellant. The learned courts below have erred in considering resolution no.291 dated 30.10.1979, Ex.P6, on the ground that the same was applicable to the appellants, after the 1983 Rules came into force.