Law: Accommodation Allocation Rules, 2002

Section: 2(g),2(p),3,6,15(2)

(a) Accommodation Allocation Rules, 2002 --------- ----------Rr. 15 (2), 3, 6 & 2 (g) & (p) --------- Suit for declaration --------- Application for rejection of plaint --------- Government house in possession of plaintiff previously allotted to his father before retirement from service --------- Plaintiff seeking allotment of such house --------- Scope --------- Contention of authorities was that accommodation in question in favour of plaintiff's father had been cancelled and his status was that of "un-authorized occupant" --------- Plaint was rejected by the courts below --------- Validity --------- Plaintiff was appointed on contingency basis who could not call himself a Federal government servant during his period of six months' service --------- Plaintiff was not eligible for government accommodation during the six months' period after his father's retirement --------- Benefit of Rule 15(2) of Accommodation Allocation Rules, 2002 could be extended only to serving spouse or children living with Federal government servant who might be allotted the same accommodation if eligible otherwise --------- Plaintiff had become a trespasser after the expiry of a period of six months from the date of retirement of his father --------- Plaintiff could not hold on to the government accommodation that had been allotted to his father --------- Plaintiff should apply for government accommodation and wait for queue/general waiting list --------- Both the courts below had exercised jurisdiction correctly while rejecting the plaint --------- No jurisdictional error or material irregularity had been pointed out in the impugned orders passed by the courts below --------- Revision was dismissed in circumstances. Adnan Qureshi v. Capital Development Authority 2015 PLC (CS) 1030 rel. (b) Civil Procedure Code (V of 1908) --------- ----------O. VII, R. 11 --------- Rejection of plaint --------- Factors to be considered --------- Court could look into the averments contained in the plaint as well as its supporting documents for the purpose of deciding application for rejection of plaint --------- Pleadings of other side and documents brought on record alongwith the written…

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