PUNJAB STATE THROUGH COLLECTOR Vs. LALA SHIV DAYAL

JUDGEMENT

(1.) DEFENDANT State of Punjab is in Regular Second Appeal against the judgment decree passed by Ist Appellate Court in a suit for possession filed by the plaintiff-respondents.

(2.) PLAINTIFFS in Suit No. 127 of 20th February, 1978 purchased property bearing No. B-11-S-21-16/B&C measuring 50' x 25', whereas, plaintiff in Suit No. 126 of 20th August, 1977 purchased property bearing No. B-II-21/16A measuring 50'-2" x 25'. Both these properties were put to public auction by the Managing Officer (Sales) Jalandhar on 8.2.1984 and the plaintiffs were successful bidders for the purchase of the said propertty. A sale certificate was issued to the plaintiffs.

(3.) THE defendant filed written statement and alleged that before the suit property was auctioned in favour of the plaintiffs, the State Government had already purchased the suit property together with the adjoining plot on payment of Rs. 8100/- paid to the Regional Settlement Commissioner and thus the plaintiffs have no right to file the suit and Managing Officer (Sales) has no interest which could be put to public auction which is said to be purchased by the plaintiffs.