1992 Supreme(Raj) 750
G.S.SINGHVI
Kanchan Kumari Lunia – Appellant
Versus
Rajasthan Housing Board-(109) – Respondent
Advocates:
For the Petitioner:Mr. J.P. Goyal, Advocate.
For the Non-Petitioner:Mr. Sudhir Gupta, Advocate.
JUDGMENT
1. 1. The plaintiff-petitioner filed a suit for declaration, possession and permanent injunction against the defendant-non-petitioner in respect of house No.18-Ka-1 (Ground Floor) situated in (Lalkothi) Jyoti Nagar, Housing Board Scheme.
2. The suit was filed on 23.9.83. In the suit the plaintiff-petitioner prayed that after making allotment of House No. 21-K-6 (First Floor), she was asked to give option for allotment of alternate house in view of the fact that the house earlier allotted to her was to be used for allotment to the employees of the Rajasthan High Court, Jaipur Bench, Jaipur. After a lot of correspondence, the petitioner was allotted house No. 18-ka-1 (Ground Floor). The petitioner has claimed that she has fulfilled all the requirements and has a right to get possession of the house. However, the non-petitioner has raised an unlawful demand in the form of penalty.
3. The summons of the case were served on the non-petitioner as early as in January, 1984. Written statement was filed on behalf of the non-petitioner on 19.4.86. Issues were framed on 5.10.87 and the case was fixed for 8.12.87 for the evidence of the plaintiff-petitioner. Thereafter, the case was tra
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