- (1.) Civil Revision is filed at the instance of a Ludhiana Improvement Trust against a direction of the Executing Court to make an allotment for sale of the property to the decree holder at the rate of Rs.2,580/- per square yard. The contention is that the Executing Court did not have a power to traverse beyond the decree which merely had spelt out a decree holder's entitlement to be allotted a plot of 500 square yards and nowhere contained any direction that it should be for a particular price. The order passed by the Executing Court is sought to be supported by the decree holder by drawing reference to the nature of suit that has been instituted initially. The suit had been filed for a declaration that he was entitled to get one plot measuring 500 square yards to be allotted to him according to the rules made under the Town Improvement Act as "local displaced person" and for a mandatory injunction directing the Trust to allot a plot to the plaintiff as such 'displaced person'. Although suit had been dismissed, the appellate Court reversed the decision and held that he was entitled to be allotted a plot. The implication was that the plaintiff's contention of his right of allotment as a 'local displaced person' was accepted by the Court. This decision was confirmed by this Court in RSA No.2699 of 1997 and still later by the Supreme Court in Civil Appeal No.1487 of 2003, dated 29.08.2006. The decisions of the High Court as well as of the Supreme Court do not also stipulate any particular price.
(2.) After securing a decree, it appears that the petitioner had made a request for an allotment and when the Improvement Trust called upon the petitioner to pay twice the reserved price, namely, Rs.5,160/- per square yards for 500 square yard of allotment of plot, the decree holder demurred and was prepared to deposit only 1/4 th of the reserved price of Rs.2,580/-. This was returned by the Improvement Trust as not in fulfillment of the requirement as per rules. The Executing Court proceeded to accept the contention of the decree holder, determined the price at Rs.2,580/- per square yards and directed the enforcement of the decree on such a basis.
(3.) The learned counsel for the Trust would contend that the allotment of the property could have been only at the rate at which the property was to be allotted under the Rules and Rule 4(2) of the Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules of 1983 provided that a 'local displaced person' would be allotted a residential plot on a reserved sale price in accordance with the criteria stipulated under the Rules, provided further that he applied for such allotment in Form 'A' within a period of 3 years from the date of taking over the possession of his land acquired by the Trust. The learned counsel for the petitioner would contend that the price must therefore be fixed only with reference to the period before when the application could have been filed for allotment. Since the decree holder had not filed such an application, the price could not be at the rate at which the property could have been offered if he had filed an application within 3 years. I reject this argument as meaningless, for, the stipulation of period of 3 years must be taken as judicially become unworkable when the Court had granted a decree. If the plaintiff's right could have been defeated by the fact that he did not apply within 3 years that should have been a ground of dismissal of the suit itself. If the Trust has suffered a decree by a direction for allotment of a plot, the Trust shall be barred by res judicata from taking a plea that such an application had not been filed within 3 years period.;