RAJENDRA SHARMA Vs. SUNIL KUMAR GOYAL & ORS

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This intra-court appeal is directed against order of Single Bench dated 17th November, 2011, whereby writ petition filed by petitioner, against judgment dated 18th August, 2006, passed by Rajasthan State Cooperative Tribunal, has been dismissed.

(3.) From the submissions of the parties and impugned order of Single Bench, order of Tribunal and award of Arbitrator, it appears that Plot No.264 measuring 522.2 Sq. Yds. was allotted by respondent No.2 Society to respondent No.1 Sunil Kumar Goyal in the year 1987. Respondent No.1 Sunil Kumar Goyal paid consideration for the allotment of the said plot and he came in possession of the same. Subsequently, respondent No.2 Society vide allotment dated 10th April, 1995 proceeded to carve out one plot measuring 200 Sq. Yds., out of Plot No.264 measuring 522.2 Sq.Yds. allotted to respondent No.1 and issued a letter of allotment in the name of one Manohar Singh. The petitioner purchased the said plot measuring 200 Sq. Yds from Manohar Singh. The Arbitrator recorded a finding that respondent Sunil Kumar was allotted plot No.264 measuring 522.2 Sq. Yds., but denied him relief and directed the Society for compensatory allotment of plot measuring 200 Sq. Yds. to Sunil Kumar Goyal. The award was challenged by Sunil Kumar before Tribunal. The Tribunal after considering the finding of the Arbitrator came to a conclusion that when the plot in question was allotted in the year 1987 to Sunil Kumar then it could not have been carved out and no fresh allotment could have been made out of it in favour of Manohar Singh. Consequently, the Tribunal allowed the appeal and set aside the award passed by the Arbitrator. Being aggrieved with the order of Tribunal, the petitioner preferred writ petition, which has been dismissed by Single Bench. Hence, this intra-court appeal has been preferred by petitioner.