Decided on March 19,2013

LATA SINGH Appellant
U P Avas Vikas Parishad Respondents


- (1.) This appeal is directed against the judgment and decree dated 14.10.2009 passed by III Additional Civil Judge (S.D.), Dehradun in case no.966 of 2001, Smt. Lata Singh vs. U.P. Avas Vikas Parishad and others.
(2.) Briefly stated the facts of the case giving rise to this appeal are that the plaintiff/appellant filed suit no.966 of 2001 against the defendants/respondents initially for mandatory injunction to the effect that a decree be passed in favour of the plaintiff and the respondent no.1 be directed to sell out the plot mentioned in Schedule A of the plaint in favour of the plaintiff at the old rates. It was further pleaded that decree of prohibition be issued against the defendants to the effect that plot no.46 shall not be allotted to anyone else except the plaintiff and not to sold it to any third person. The suit was contested by respondent no.1 by filing written statement. Defendant nos.2 and 3 are the officers of respondent no.2.
(3.) Respondent no.4 was impleaded during the pendency of suit when respondent no.1 sold the plot to respondent no.4 and the necessary amendment was also made in the plaint and the prayer was also made to declare the sale deed void. In the plaint, amendment was made and the prayer was sought that the allotment order no.4290 dated 15.1.2005, which was made in favour of the respondent no.4, be declared void and ineffective and be set aside. It was also prayed that the sale deed which was registered on the basis of the allotment be also declared void and unconstitutional and ineffective and intimation be sent to Sub Registrar Dehradun to this effect.;

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