Dr. Kumar Rakesh vs Balwant Kaur Ors on 12 April, 2024
12. The aforesaid argument does not hold good unless the
defendant no.1 to 3 had taken steps to apply to the concerned authority
with the available sets of documents i.e. copy of the previous chain of
documents and it cannot be assumed that on the basis of said documents,
the said property could not have been converted. The defendants also did
not examine any witness from the concerned authority to prove the said
stand. In this regard, the decision was to be taken by the concerned land
owning agency (i.e. L&DO) who had allotted the said property but in the
absence of filing application by the defendants, the said situation did not
arise. Moreover, if the defendant no.1 to 3 did not intend to get the said
CS No. 609773/2016 Page no. 6 of 17
Dr. Kumar Rakesh vs. Balwant Kaur and ors.