ALI AKBAR QURESHI, J. --- This civil revision directed against the judgment and decree dated 8.10.200, and 28.11.2000 -rendered by the learned Courts below whereby the suit for declaration filed by the respondent was decreed.
2. The respondent instituted a suit for declaration to the effect that a plot was allotted to her by Thal Development Authority on 30.9.1970 vide letter dated 24.8.1996, she deposited the price- of the plot demanded by the petitioners amounting to Rs. 16,900/-. On 27.3.1982 a purchase agreement was signed and registered in her favour, mutation was also attested but the petitioners are denying to incorporate the name or the respondent as owner in the record of the department. The description of the suit land is fully described in the plaint. The petitioners contested the suit by filing a written statement wherein it was stated that the respondent deposited the price of the plot without obtaining prior permission of the competent/authorized authority, the application for allotment of plot was not given on the prescribed Form, the price of the plot as stated by the respondent was deposited in the year 1982 but the possession of the same was given to her in the year 1976 and in fact all this was managed by the respondent with the connivance of the officials of Thal Development Authority. A criminal case was registered against the respondent as well as the officials of the Department but the same because of non-availability of the evidence, cancelled.
The learned Trial Court, out of the divergent pleadings of the parties, framec issues, recorded the evidence of the parties and finally after hearing the arguments of the parties, decreed the suit it