JUDGMENT

Mr. Arun Monga, J. (Oral)

CM-3429-C-2023

For the reasons stated in application, same is allowed. Delay of 76 days in filing appeal is condoned, subject to all just exceptions.

CM-3430-C-2023

This is an application filed by appellants under Order 41, Rule 27 CPC for permission to place on record letter dated 13.10.2015 (Annexure A-1) by way of additional evidence.

No grounds are made out to allow appellants to adduce additional evidence at this belated stage.

Dismissed.

Main case (O&M)

For convenience, parties herein are addressed as per the recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, appellant/defendants are in second appeal before this Court assailing learned trial Court judgment and decree dated 18.11.2009, as upheld by learned First Appellate Court vide its judgment and decree dated 24.08.2022, whereby suit of the respondent- plaintiff was decreed and defendants were directed to issue allotment letter as well as to handover possession of Plinth Site No.1800, Sector 25, Chandigarh to plaintiff which was allotted to her in a draw of lot against her Jhuggi No.69/1, Janta Labour Colony, Sector 25, Chandigarh under the Rehabilitation Scheme known as licensing of tenements and sites and services in Chandigarh Scheme 199 subsequently amended in the year 1997, within a period of two months from the date of receipt of certified copy of judgment.

3. Briefly stated, facts, as noticed by learned Courts, are as below:

"In nutshell, the facts of the present suit are that plaintiff along with his family had been residing in Sector 25, Chandigarh since long. The Chandigarh Administration framed a scheme namely 'Licensing of Tenement and Sites and Services Scheme 1979' for rehabilitation of Jhuggi Dwellers. Admittedly, various persons have been rehabilitated under the said scheme time to time. In pursuance to said scheme, the administration carried out the process of rehabilitation of the dwellers of Janta Labour Colony, Sector 25, Chandigarh.

2. It is averred in the suit that the basic scheme/notification issued by the Chandigarh Administration is dated 24.08.1979 and the same was amended as Licensing of Tenement and Sites and Services in Chandigarh Scheme 1979 in the year of 1997. It is averred that as per said scheme, the eligibility criteria for allotment of plinth/site against the jhuggi was primarily that "all persons who are bona fide residents of Labour Colonies and whose names are included in the voters list in force, on the date of election to the Municipal Corporation, Chandigarh, shall be eligible for allotment of site and tenement." It is further averred in the suit that the plaintiff along with her family had been residing in Sector 25, Chandigarh since long, being eligible plaintiff applied for allotment of side against his respective jhuggi under the rehabilitation scheme. Since the applicant was eligible, accordingly, Plinth Site No.1800, Sector 25, Chandigarh was allotted to her in a draw of lot. Thereafter, an allotment related letter dated 22.03.2014 was issued to the plaintiff and plaintiff was asked by the defendants to complete the formalities which were completed by the plaintiff. However, no allotment and possession letter has so far been issued and no possession of plinth handed over to the plaintiff despite repeated visits and requests to the concerned officials of the defendants.

3. It is averred in the suit that the plaintiff has been pursuing for getting allotment and possession since long but the defendants neither handed o