PRITAMA DEVI Vs. SOMA DEVI

JUDGEMENT

(1.) THE defendants in the trial Court are in the second appeal. They are aggrieved by the judgment and decree dated 11.12.2001 passed by learned District Judge, Mandi, in Civil Appeal No. 34 of 1999 (1998) reversing thereby the judgment and decree dated 17.9.1994, passed in Civil Suit No. 24/98 (94), by learned Sub Judge 1st Class, Court No. 1, Mandi and decreed the suit.

(2.) THE appeal has been admitted on the following substantial questions of law:

(3.) DEFENDANT No. 1 -Municipal Council in the written statement has admitted that the deceased plaintiff Hukam Chand was running shop in Seri Bazar, Mandi and that consequent upon the decision to rehabilitate the persons similarly situate to deceased plaintiff in Indira Market Sunkan Garden, Mandi town, he was allotted shop No. 53, however, on the representation made by second defendant the allotment of shop in question in favour of the plaintiff was cancelled because during the course of enquiry conducted in the matter the plaintiff was found to have delivered the possession of the Khokha in Seri Bazar long back to defendant No. 2 on receipt of Rs. 10,000/ - consequent upon agreement dated 17th December, 1989 (Ext. DW -3/A).