Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manish Mathur,J.
Bigni Devi – Appellant
Versus
U.P. Cooperative Tribunal Lucknow – Respondent
| Table of Content |
|---|
| 1. petitioner challenges cancellation of plot allotment. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. opposite parties argue legality of plot cancellation. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court examines applicable bye laws and their adoption. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 4. court concludes cancellation not in accordance with law. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 5. court quashes cancellation and issues writ for possession. (Para 53 , 54) |
JUDGMENT :
Manish Mathur, J.
1. Heard Mr. Sudeep Seth learned Senior Counsel assisted by Mr. Shridhar Awasthi learned counsel for petitioner, learned State Counsel for opposite party No.1, Mr. Rakesh Kumar Chaudhary learned counsel for opposite party No.2 and Mr. Rakesh Srivastava learned counsel for opposite party No.3.
2. Petition has been filed challenging order dated 23rd July, 2010 passed in an arbitration case No. 128-E of 2008 upholding cancellation of plot of petitioner. Also under challenge is the judgment and order dated 7th May, 2015 whereby appeal No.161 of 2015 preferred by petitioner has been rejected.
3. Learn
The 1976 bye laws governed the case, allowing dual plot allotments within the same family, and the cancellation of the petitioner's allotment was unlawful.
The main legal point established in the judgment is that the impugned notices issued by the Society were valid, as the petitioner failed to fulfill the obligation to undertake construction within the....
The Housing Board's cancellation of plot allotment was invalid due to lack of notice and failure to follow due process, violating principles of natural justice.
Mere living in a particular house by itself would not mean that said house is under ownership of person living therein in his individual capacity or even that it is within area of operation of societ....
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
The absence of a registered conveyance deed precludes the Society from claiming any rights to the plot, and principles of res judicata apply to prevent re-litigation of the same issues.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
