- (1.) THE defendants are in appeal against the judgment and decree of both the Courts below in suit filed by the plaintiffs for declaration that the order dated 13.9.2006 issued vide memo No.9737 and order dated 18.1.2007 issued vide memo No. 677 by defendant No.3, are null and void and also prayed for mandatory injunction seeking a direction to the defendants to revoke the cancellation of Plot No.326 -G measuring 125 square yards, situated in 475 acres scheme, Shaheed Bhagat Singh Nagar, Ludhiana.
(2.) IN brief, case of the plaintiffs is that the above said plot was allotted to Balbir Chand Johar, husband of plaintiff No.1 and father of other plaintiffs vide allotment letter dated 03.1.1986. Most of the price of the plot was paid by the husband of plaintiff No.1 and the plaintiffs were ready to pay the balance amount with interest. It is further alleged that after death of Balbir Chand Johar on 20.11.2003, the plaintiffs became the owners of the suit property to the extent of 1/5th share each but the defendants have illegally and unlawfully cancelled the allotment of plot by way of the impugned orders.
(3.) IN the written statement, it was alleged that the plaintiffs have not approached this Court with clean hands and suppressed the material facts. It was alleged that the plaintiffs had filed an earlier suit which was dismissed in default on 28.3.2006 by the Court of Sh.Vijay Kumar, Civil Judge (Junior Division), Ludhiana. While replying on merits, it was alleged that the government had approved the allotment of the plot to Balbir Chand Johar vide memo No. 1469 (M) -2 C II -83/ 17584 dated 14.9.1983 and asked him to submit an affidavit but he did not comply with the terms and conditions of the allotment as per norms. It was also denied that price of the said plot has been paid by the predecessor -in -interest of the present plaintiffs, rather Balbir Chand Johar deposited 13,750/ - vide receipt dated 30.10.1989 three years after the date of allotment letter. One Balraj Singh was allegedly introduced as the attorney of Balbir Chand Johar, who had written a letter to the defendants on 23.10.2002 and requested to hand over the possession of the plot. The defendants through letter No.10762 dated 20.10.2002 directed Balbir Chand Johar through Balraj Singh to produce the original allotment letter and other original documents relating to the plot but Balraj Singh failed to produce the documents in original, as required.;