The High Court dismissed a writ petition challenging the cancellation of a plot allotted to a former defence personnel due to fraud. Relying on the Niranjan Kaur Full Bench judgment, the court held that the subsequent buyer acquires no better title than the fraudulent vendor.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 1422 of 2012 Date of decision: 25.1.2012
Parkash Lal
…..Petitioner
vs.
Haryana Urban Development Authority and another
.......Respondents
CORAM: -HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL
Present: - Mr. Suman Jain, Advocate for the petitioner.
Hemant Gupta, J
Challenge in the present writ petition is to the communication/order passed by Estate Officer, HUDA dated 24.10.2011 (Annexure P-8), whereby the plot allotted to Major Hardit Singh Yadav was cancelled as he was already allotted a plot as a former defence personnel. It was found that obtaining another plot as a former defence personnel is a fraud and against the terms of allotment.
Petitioner is a purchaser of the plot allotted to Major Hardit Singh Yadav. Once, the allotment itself is fraudulent, the petitioner is not conferred with better title than what was possessed by the vendor of the petitioner.
A Full Bench of this Court in Smt. Niranjan Kaur and ors vs. The Financial Commissioner, Revenue & Secretary to Government, Punjab and others, 2010(4) RCR (Civil) 611 has held to the following effect: -
CWP No. 1422 of 2012
-2-
48 xxx xxx xxx
In view of the judgment rendered in Niranjan Kaur case (supra) , we do not find any illegality in the order passed by Estate Officer, HUDA on 24.10.2011 in respect of cancellation of the plot allotted to Major Hardit Singh Yadav, purchased by the petitioner.
Dismissed.
(HEMANT GUPTA) JUDGE
(A.N.JINDAL) JUDGE
25.1.2012 preeti
2 issues framed by the court
Whether the petitioner, as a subsequent vendee, is entitled to contest the cancellation of the allotment when fraud was allegedly committed by the vendor.
Whether Section 41 of the Transfer of Property Act applies where a transfer is held invalid under Sections 19 and 24 of the Specific Relief Act.
Colour shows how this judgement treated each authority
Smt. Niranjan Kaur and ors vs. The Financial CommissionerReferred¶13
<u>Smt. Niranjan Kaur and ors vs. The Financial Commissioner, Revenue & Secretary to Government, Punjab and others,</u> 2010(4) RCR (Civil) 611
Niranjan Kaur caseReferred¶20
<u>Niranjan Kaur case (supra)</u>
Parkash Lal
Haryana Urban Development Authority
Hemant Gupta
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
