ALOK KUMAR Vs. NATHI DEVI & ORS

JUDGEMENT

(1.) This civil second appeal filed by appellant-plaintiff Alok Kumar is directed against the judgment and decree dated 25.07.2011 passed by learned District Judge, Pali in Civil Appeal Decree No. 14/2011 (16/2008), by which the learned lower appellate court dismissed the appeal of the appellantplaintiff and affirmed the judgment and decree dated 15.11.2006 passed by learned Additional Civil Judge (Junior Division) No.1, Pali in Civil Suit No.21/2006, whereby the learned trial court had dismissed the suit of the appellantplaintiff.

(2.) The brief facts of the case necessary for disposal of this appeal are that the appellant-plaintiff filed a suit before the trial court praying for declaration that proceedings regarding allotment of the house No. A.D./93, Shramik Colony, Pali are void and further prayer was made for perpetual injunction to restrain the respondent-defendants from dispossessing the appellant-plaintiff from the suit property. The appellant-plaintiff pleaded in his plaint that he is a permanent worker in Maharaja Shri Ummed Mills Limited and he applied before the competent authority for allotment of the house No. A.D./93 situated at Shramik Colony, Pali. A meeting of the committee was held on 16.04.1986 in accordance with the provisions of Rajasthan Industrial Housing Allotment Rules, 1957 and the committee took the decision to allot the aforementioned house to defendant No.1 Nathi Devi without any right to make such allotment because the defendant No.1 is not a labour and her own house is situated in Jangiwada. It was further averred that defendant No.2 to 4 are going to execute an agreement with the defendant No.1 for transferring the perpetual right of the property in favour of Smt Nathi Devi. It is averred that the plaintiff is residing in the suit property as tenant of Deva, the husband of the defendant No.1, since 1971 at the rent of Rs.50/- per month. It is further averred that the defendant No.1 threatened the plaintiff to forcibly dispossess him from the suit property.

(3.) The defendants filed written statement denying the facts as pleaded in the plaint.