Rameshwar Singh Malik, J. - (1.) PLAINTIFF , having been non -suited in her suit for declaration and permanent injunction by both the learned courts below, recording concurrent findings, has approached this Court by way of instant regular second appeal.
(2.) BRIEFLY put, facts of the case are that plaintiff was allotted a commercial plot measuring 23.630 sq. meters pursuant to a public auction, vide allotment letter No. 1870 dated 14.10.1998. Allottee -appellant paid 25% of the total costs at the time of allotment and thereafter no payment was made. The respondent authorities issued notices to the allottee -appellant and after following the procedure laid down under the relevant provisions of law, resumption order was passed against the plaintiff. Plaintiff filed the suit for declaration and permanent injunction. Having been served in the suit, defendant appeared and filed its written statement raising more than one preliminary objections including availability of statuary appeal under the Haryana Urban Development Authority Act, 1977 ('HUDA Act' for short). On merits, claim of the plaintiff was totally denied. Concealment of facts was alleged and dismissal of the suit was prayed for.
(3.) ON completion of pleadings of the parties, following issues were framed by the learned trial Court: - 1. Whether the plaintiff is entitled for declaration and injunction as prayed for? OPP 2. Whether the present court has no jurisdiction to entertain the present suit? OPD 3. Whether the plaintiff has no locus standi to file the present suit? OPD 4. Whether the suit is bad for want of concealment of material facts before the court? OPD;