CHAIRMAN, JALANDHAR IMPROVEMENT TRUST Vs. INDER SINGH

JUDGEMENT

(1.) This order will dispose of Regular Second Appeal Nos. 3506 of 1985 and 302 of 1986 as common question is involved in both these appeals.

(2.) To the plaintiff in RSA No. 3506 of 1985, Jalandhar Improvement Trust had allotted two plots Nos. 38 and 71 measuring 12 Marlas each, as displaced persons. Later on the allotment of both the plots was cancelled without affording opportunity of hearing to him. Before the order of cancellation was made, he had sold plot No. 71. Both the Courts below have decreed the suit for declaration that he continues to hold both the plots.

(3.) In RSA No. 302 of 1986, the plaintiff, was allotted plot No. 38 as a displaced person and payment was accepted by the Improvement Trust. When the plaintiff wanted to pay the balance installment, the payment was not accepted by the Improvement Trust, and he filed a suit for declaration that he was entitled to allotment of a plot, which was alloted and the Improvement Trust should keep on receiving the balance price. The plaintiff's case was that the allotment of plot No. 38 was not cancelled; whereas the stand of the Improvement Trust was that the allotment was wrongly made to him and was, therefore, cancelled and that is why, it had not accepted balance sale price.