Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XLI, R.20---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and perpetual injunction ---Impleading of party ---Allottee of plot in dispute had raised construction thereon ---Allottee on receipt of notice from Allotment Committee to remove construction from plot in dispute, had filed suit for declaration and perpetual injunction to the effect that he being allottee in possession of plot in question, was entitled to retain its possession and notice issued to him by Allotment Committee was illegal---Suit filed by allottee was decreed---Appeal against and decree of Trial Court was filed not by Allotment Committee, but by other person who could not get plot in dispute allotted in his favour---Appellant who had not impleaded Allotment Committee as respondent in appeal filed application to implead Allotment Committee as respondent in appeal, but application of appellant was dismissed by Appellate Court below holding that vested right accrued in favour of allottee/respondent, could not be defeated by allowing application of appellant for impleading Allotment Committee at that stage---Evidence on record had proved that plot in dispute was duly allotted to respondent allottee and appellant who failed to get plot allotted in his favour, had himself moved application requesting Authority to refund him instalments deposited by him in connection with allotment of plot to him---Appellant, neither himself had challenged delivery of possession of plot in dispute to allottee thereof nor he took steps to stop respondent/allottee from raising construction over plot in dispute after its allotment to respondent allottee---Appellant who himself had waived his right in respect of allotment of plot by moving application for refund of instalments deposited by him, could not after three decades disturb allottee of plot who had raised construction thereon and was living in constructed house for all those years---Suit filed by allottee in respect of plot in dispute was rightly decreed by Courts below and application of other person for impleading Allotment Committee in appeal as respondent was rightly dismissed by Appellate…

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