KAMLABAI Vs. M P HOUSING BOARD

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree dated 10.3.98 passed by IIIrd Addl. District Judge, Ratlam in having reversed the judgment and decree dated 24.11.95 of the court of ivth Civil Judge Class, II passed in civil suit no.24A of 1981 whereby the appellant /plaintiff (deceased) Manilal sought a declaration cancellation of allotment of house no.64 situated at Jawahar Nagar, Ratlam with respect to his allotment of the said house and the allotment thereof made in favour of respondent no.6 which was illegal and further for declaration that the appellant being the allottee of the house in question as an industrial employee continues to be valid and further from restraining respondents no.1 to 5 to take any adverse action against the plaintiff/appellant.

(2.) The judgment dated 10.3.98 of the Ist appellate court has been delivered jointly with respect to the appeals filed by respondent no.6 and by respondents no.1 to 5 being appeal no.14A of 96 and no.7A of 96. Against the judgment of 1 st appellate court, the Lrs of Manilal has filed this second appeal under sec.100 of CPC. The appeal has been admitted for regular hearing on the following substantial questions of law framed on 25.11.99:-

(3.) I have heard learned counsel for the parties and perused the record.