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2017 Supreme(P&H) 2273

RAJ MOHAN SINGH
Chandigarh Administration – Appellant
Versus
Ajay Kumar – Respondent


Advocates:
For the Petitioner:Mr. Sanjiv Ghai Advocate

JUDGMENT

Mr. Raj Mohan Singh, J.:- Defendants are in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for declaration with alternate plea of recovery of Rs.1,26,666/- filed by the plaintiff-respondent.

2. Brief facts are that a suit was filed by the plaintiff with the plea that previously a suit was filed by him against the same defendants in which the Civil Judge (Jr. Divn.) Chandigarh was pleased to direct the defendants to reconsider the case of the plaintiff by giving him personal hearing and then decide the same within a period of three months from 05.03.2011 and also to consider the entitlement of the plaintiff for allotment of booth/shop in accordance with law. Pursuant to the said order, defendant No.2 passed the order dated 23.05.2011, rejecting the claim of the plaintiff on the ground that the plaintiff did not fulfill the basic criteria for the Scheme of allotment of site. The main ground on which the claim of the plaintiff was rejected was that as per survey of the year 1997, name of the plaintiff was not included in the survey list as he was not found working at the backside of SCO No.2415-16, Sector 22-C, Chandigar












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