KARAM KAUR VS JALANDHAR IMPROVEMENT TRUST

KARAM KAUR VS JALANDHAR IMPROVEMENT TRUST

CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 4915-4918 OF 2014
(arising out of SLP (C) Nos. 25950-25953 of 2011)

KARAM KAUR                                                                                   APPELLANT
VERSUS
JALANDHAR IMPROVEMENT TRUST & ORS                  RESPONDENTS

In this case the appeals are directed against the judgment dated 8th July, 2011 passed by the High Court of Punjab & Haryana at Chandigarh in Civil Misc. Nos.11669-C to 11672-C of 2010 in R.S.A. No.1908 of 1995. The case of the applicant, wife of original plaintiff – Ramesh Chander is that one Nasib Chand father of Ramesh Chander and respondent Nos.3 to 5 and husband of respondent No.2 was the owner of land measuring 28 Kanals 5 marlas situated at Basti Sheikh, Jalandhar, which was acquired by the respondent – Jalandhar Improvement Trust (hereinafter referred to as the “Trust”) for development of scheme known as “13.37 acres scheme”. Nasib Chand died on 8th May, 1987 leaving behind Ramesh Chander-original plaintiff and respondent Nos.2 to 5 as his heirs.The original plaintiff- Ramesh Chander made many requests to the respondent-Trust for allotting him a plot in lieu of the acquired land. Further case of the appellant is that the respondent-Trust ultimately allotted the disputed plot in a scheme known as “55 acres development scheme” to him. Thereafter, Ramesh Chander requested the respondent-Trust to accept instalment of Rs. 10,000/- and deliver vacant possession of the plot but to no effect. He served notice on the Trust also for admitting his claim and to hand over his possession of the allotted plot to him, but to no avail.Ramesh Chander, therefore, filed Civil Suit No.123/1988 on 2nd March, 1988 for declaration that he was entitled to deposit Rs.10,000/- towards first installment of plot No.456 and balance price thereof, allotted to him in “55 acres development scheme” and to its vacant possession and for mandatory injunction, directing respondent No.1 – Trust to receive the earnest money from him and to deliver its possession.The defendant-respondent No.1 appeared and filed a written statement. The suit was decreed by Sub-Judge by judgment and decree on 10th June, 1988. This is the short summary of the case and the judgement of case is given below….read more