KAPURTHALA IMPROVEMENT TRUST Vs. SATPAL

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second Appeals bearing No.2125 and 202 of 2000 as the common question of law and facts are involved.

(2.) Rsa No.2125 of 2000 is arising out of decision rendered in Civil Suit No.191 of 22.3.1991 titled as "Satpal Versus The Kapurthala Improvement Trust" (hereinafter called as "Suit No.1") and RSA No.202 of 2000 is preferred against the decision rendered in Civil Suit No.904 of 20.12.1990 titled as "Shrimati Baljinder Kaur Versus Improvement Trust & others" (hereinafter referred to as "Suit No.2"). Both the suits pertained to a Scheme to the allotment of plot No.190 in Scheme No.1 of the Improvement Trust, Kapurthala (for short "Trust").

(3.) Satpal son of Ram Lal instituted Suit No.1 seeking declaration to the effect that he is rightful allottee of Plot No.190 in Scheme No.1 of the Trust by challenging the order dated 27.1.1988, whereby the allotment aforementioned was cancelled, being null & void, inoperative and not binding, with consequential relief of permanent injunction restraining the defendants from allotting the aforementioned plot to any other person on the premise that Plot No.190 in pursuance to an application submitted in the said Scheme was allotted. The plaintiff had earlier filed a civil suit challenging the order of cancellation, which was dismissed by the Civil Court on 28.11.1990 on the ground that prior notice under Section 98 of the Punjab Town Improvement Act (for short "the Act") was not served and, therefore, a fresh suit was filed.