Law:

Section:

(a) Civil Procedure Code (V of 1908) --------- ----------Ss.12(2) --------- Specific Relief Act (I of 1877), S.42 --------- Suit for declaration --------- Transfer of ownership of official accommodation on permanent basis --------- Fraud and misrepresentation --------- Decree, setting aside of --------- Contention of applicant was that impugned decree was obtained through fraud and misrepresentation --------- Application for setting aside of decree was dismissed concurrently --------- Validity --------- Respondent-plaintiff was bound to issue notice to the Government through its Secretary --------- Government was entitled to 90 days period for filing of written statement in the suit --------- Suit was decided by the Trial Court within a period of two months which was contrary to the mandate of S.80, C.P.C. --------- Proceedings conducted by the Trial Court in the suit were unsustainable and untentable --------- Callous attitude of public functionaries should not be allowed to culminate in deprivation of public of its property that belonged to it --------- Impugned and decree had been obtained by practicing fraud upon the Trial court --------- Subsequent orders passed by the Trial Court and revisional court would lack legal substance --------- Department was not vested with any power to allot/transfer the ownershipo of residential building to anyone on permanent basis --------- Suit was incompetent as plaintiff had no legal right and title to have had filed the suit --------- Impugned orders passed by the courts below were set aside and suit filed by the plaintiff was dismissed --------- Government was directed to ascertain the status of all public buildings and ensure that said buildings were safe and secure, no encroachment and permanent allotment transferring the ownership had been made or would be made and responsibilities of delinquent official should be fixed who failed to defend the public property during the pendency of suit --------- Result of action so taken should be sent through Registrar of High Court for perusal in Chamber --------- Constitutional petition was allowed in circumstances. Assistant Commissioner, Latifabad, Hyderabad and 2 others v.…

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