Hon’ble Mr. Justice R. Subhash Reddy
Hon’ble Mr. Justice Uday Umesh Lalit
Suit for declaration of title and cancellation of the order of learned Chief Sales Commissioner, and for consequent relief of permanent injunction restraining the defendants from reauctioning the suit land or alienating it in any other manners under the provisions of The Punjab Package Deal Properties (Disposal) Act 1976 as the plaintiff is a bonafide purchaser – The suit schedule property was auctioned in the restricted auction under the provisions of The Punjab Package Deal Properties (Disposal) Act 1976 . It was originally sold to one Mohan Singh – a rider on the sale is that not to alienate the suit property till the final realisation of the loan amount taken by the allottee for purchase of the land or till the expiry of 10 years which is later.- but he sold it to the plaintiff and the plaintiff purchased the same – resulted in cancellation of the sale in favour of Mohan Singh and order to resumption of the land – that order becomes final – suit field – suit is barred by sec.16 of the said Act – No sec.80 C.P.C. notice was given – no dispensing of notice was obtaiend from the court – Apex court dismissed the suit -set aside the order of High court and that of trial court.