JOKHILAL Vs. NAGAR PALIKA HARDA

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure which has been preferred by the plaintiff arises out of the suit for declaration and permanent injunction.

(2.) Facts leading to filing of the instant appeal, briefly stated, are that Special Area Development Authority, Harda developed plots in Nehru Colony, Harda and framed a scheme for construction of residential houses under hire - purchase scheme. For allotment of residential houses applications were invited pursuant to which, plaintiff submitted an application on 11.3.1986. By communication dated 08.04.1988 the plaintiff was informed that residential house shall be allotted to him under the scheme. On 09.08.1989 as well as 04.11.1989 notices were sent to the plaintiff to deposit installments on account of cost of the house, the plaintiff deposited a sum of Rs. 20,000/-. By notice dated 06.10.1990 the plaintiff was asked to show cause as to why allotment made in his favour be not cancelled as his wife owns land admeasuring 0.014 acres in Village Kulharda. After considering the reply submitted by the plaintiff the allotment made in favour of the plaintiff was cancelled vide order dated 22.4.1991.

(3.) In the circumstances aforesaid the plaintiff instituted a suit seeking relief of declaration and permanent injunction. The claim in the suit was, inter alia, based on the ground that till 1989 on the land owned by the plaintiff's wife no house was constructed. A small house was constructed temporarily in the year 1990 which is situated at a distance of 3 Kms. from Harda township. For the period 1986 to 1990 there was no house in the mane of wife of the plaintiff. Accordingly a declaration was sought that plaintiff is entitled to allotment of residential house under the Hire Purchase Scheme and writ of permanent injunction was claimed restraining the defendant from creating any third party interest in respect of the house in question.