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1995 DIGILAW 169 (BOM)

Akhil Bharatiya Grahak Panchayat v. Gurukul Gruha Nirman Sahakari Bhadekani Malki Sanstha Maryadit

1995-03-13

G.R.BEDGE, N.W.SAMBRE

body1995
JUDGMENT - W.M. SAMBRE, President :---This is an appeal against the order of the District Forum, Chandrapur, dated 6-5-1992 rejecting the complaint on the ground of limitation as the plot was allotted in the year 1980 whereas the complaint was filed in the year 1992. Moreover, the relief very much as regards the measurement of the plot was available to the complainant. The plot of area shown and the plot allotted by the resolution of the respondent to be measured by the authorities are the same and therefore the District Forum, Chandrapur has rejected the complaint. Now, in appeal the complainant has raised the same grounds and relied upon the judgement of the National Commission reported in CPJ-1991 at page 576 wherein the aspect about the limitation has been considered. Each case is decided on its facts on date and the affidavit, and therefore the aforesaid contention will not help the appellant. Prima-facie, it appears that the matter pertains to the year 1980 when the plot was purchased. The question of earmarking the plot can be solved after approaching the measurement authorities. The various aspects of measurement of plot are considered by the authorities. Therefore, it will not be possible for this commission to entertain this appeal. Merely on this ground, this commission can dismiss this issue. 2. Under these circumstances, we are not inclined to entertain this appeal and dismiss this appeal. No order as to costs. *****