JUDGMENT

This appeal by special leave arises from the judgment of the Division Bench of the Rajasthan High Court at Jaipur Bench, made on March 28, 1980 in LPA No. 147/69.

2. The undisputed facts are that the Government constituted a Mandi Committee duly nominating the members, at Neem-ka-Thana for sale of agriculture produce. The property was acquired by the Government, Allotments were made for construction of shops by traders. Plot Nos. A-1 and A-2 were allotted to the appellant on December 21, 1953 and on payment of consideration the patta was granted on June 21, 1954 and possession was delivered on the same day. The appellant also indisputably had raised construction on the plots. But in June 1956, the Committee appears to have impeded to proceed with further construction on the ground that one Jhutha Lal was carrying on construction. On that basis, on October 6, 1956, the patta was cancelled. On 7th October, 1956, Ram Gopal Gajanand, the husband of Bhuri Devi, the first respondent herein, made two successive applications. On the basis thereof, two plots came to be allotted to him on October 8, 1956 and possession also was given to him by beat of drum. This led to the filing of