- (1.) THESE two Regular Second Appeals, filed under Section 100 of Code of Civil Procedure, are by the defendants in os No 503 of 1971, on the file of first Additional Munsiff, Hubli, to get over the judgment and decree suffered by them before the lower appellate court in the appeal filed by the plaintiff, whose suit for a declaration that certain action of the first defendant-Hubli-Dharwad Municipal Corporation, such as allotment of plots in the timber yard at Unkal in hubli city, made in favour of second defendant-association - Hubli Forest Contractors and Timber Merchants Association Ltd. , - is illegal and unauthorized one and for the consequential relief restraining the first defendant-corporation from handing over the physical possession of the plots to the respective members of the second defendant-association, in whose favour allotment had already made and to set aside the allotment of plots, if any, in the timber yard by the first defendant-corporation, as it was inequitable and arbitrary and also for restraining the first defendant-corporation from executing any legal documents of transfer in respect of the plots to the members of the second defendant-association, had failed before the trial court.
(2.) THE plaintiffs, though were not successful before the trial court in making good their case and the suit had been dismissed as the trial court answered all the issues against the plaintiffs, the first plaintiff, who filed the appeal before the lower appellate court, met with success, as the learned Judge of the lower appellate court reversed the judgment and decree passed by the trial court and has decreed the suit as prayed for.
(3.) BRIEF facts leading to the above appeals are that: The first defendant-corporation wanted to shift the business activity in timber and relocate the timber yard, which was inside the city of Hubli, known as Torvihakkal and for such purpose, it appears, had acquired some 61 acres of land in Unkal area of Hubli city through land acquisition proceedings and while distributing the land so acquired in favour of timber merchants who were to shift their business from Torvihalla to Unkal area, there has been some mal-practice and illegality as well as procedural irregularities committed by the first defendant corporation and the entire allotment of plots in favour of the members of second defendant-association as also the allotment in favour of second defendant-association is bad in law and therefore filed the suit for the prayers as indicated above.;