HEMANT GUPTA, J. - (1.) The challenge in the present writ petition is to the order passed by the Permanent Lok Adalat (For Public Utility Services), Union Territory, Chandigarh, whereby the petitioner was directed to incorporate the name of respondent No. 2 as owner of Industrial Plot No. 220, Industrial Area, Phase-1, Chandigarh.
(2.) THE brief facts giving rise to the present writ petition are that Industrial Plot No. 220, Industrial Area, Phase 1, Chandigarh, was allotted in the name of partnership firm, namely, M/s. Ashley Radio Service having two partners namely, Partap Singh s/o Sant Singh and Ujjal Singh s/o Partap Singh, vide allotment letter dated 4.2.1967. There are multifarious litigation in respect of the aforesaid property before the civil Court and as many as five decrees have been passed at one stage or other. The first decree is dated 02.05.1983 whereby with respect to the estate of Partap Singh, who died on 02.04.1978, and Ujjal Singh, who died on 06.12.1976, all the legal heirs of deceased Ujjal Singh were found to be entitled to the estate. Such decree was given effect to by the petitioner on 28.11.1983. Respondent No. 2 Balwant Singh filed a separate suit (Civil Suit No. 179 of 1986) claiming title of the plot on the basis of agreement to sell dated 11.04.1969. The said suit was decreed on 15.01.1993. On 13.02.1986, Surinder Kaur w/o Late Ujjal Singh executed sale of 1/2 share of plot in favour of Bhupinder Singh. On the basis of said sale deed, Bhupinder Singh filed a suit (Civil Suit No. 221 of 1990) claiming title in the said plot. The said suit was dismissed on 7.2.1990 on the ground that the sale deed is null and void on the ground of absence of permission from the Estate Office. Another suit for partition (Civil Suit No. 282 of 1988) was filed by Bhupinder Singh. The said suit was dismissed on 15.06.1999. The appeal against the said judgment and decree was also dismissed on 10.04.2004.
(3.) A perusal of the judgment and decree in suit filed by Balwant Singh, Annexure P-3, shows that Bhupinder Singh was not impleaded in the aforesaid civil suit though property was sold by the legal heirs of Ujjal Singh vide registered sale deed dated 13.02.1986. It appears that the suit was filed on 05.03.1986 after the execution of sale deed in favour of Bhupinder Singh. Similarly, in a suit filed by Bhupinder Singh on 29.3.1990, Balwant Singh has not been impleaded as a party though he has been impleaded as a party in a suit for partition decided on 15.6.1999, Annexure P-5.;