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2010 Supreme(P&H) 2309

RAKESH KUMAR JAIN
Improvement Trust, Patiala – Appellant
Versus
Jaswinder Kaur – Respondent


Judgment

Rakesh Kumar Jain, J.

1. Defendant No.4 is in second appeal though first appeal is not preferred by it. Brief facts of the case are that defendant No.4 allotted a plot SCF No.12 situated at Shaheed Sewa Singh Thikri Wala Nagar, Rajpura Road, Patiala to defendants No. 1 and

2. Defendants No.l & 2 entered into an agreement to sell dated 27.1.1998 and allotted plot through their power of attorney Bhajan Singh to Gurcharan Singh/defendant No.3. Defendant No.3, in turn, sold the Plot SCF No.12 (hereinafter referred to as the property in dispute) to the plaintiff after obtaining No Due Certificate on account of non-construction charges from defendant No.4. The case set up by the plaintiff is that at the time of transfer no amount was due in the name of her vendors as an amount of Rs.6333/- was already deposited by them with defendant No.4 vide receipt dated 21.1.1998 towards late construction fee upto 31.12.1998 and in order to raise construction a site plan was submitted to defendant No.4 with necessary fee of Rs.6346/- deposited on 13.11.1998. The construction on the plot was to be allegedly completed upto 31.12.1998. However, defendant No.4 neither sanctioned the site plan des






























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