Section 78
Notice to be given io suits · . .'. -fi) . No suit shall be instituted again~1 ·1ri0 Autho~i1y or any member thereof or any of its officers or other employees or Pny person acting under the directions of tho Auihority or any member or any ofiicer or otho, employee of the Authority in respect of any action purporting to "lavo been done in pursuance . o . this Act or any rule or regulation made thereunder 1ill the expiration of two months from the date on whic.:h notice in wri1ing has r-:ieen in tho case of the Authonty, 1e1t at the office .or place of abode, m the p"rsrm to be and unless such notice slate elcplicitly the cause o ~ action, the, nature o . relief souqht, the amount of compensation claimed and the name and place of residence of the ir 'lding plaintiff and unless the p!aint contains a statement that such notice h, been so lofl or delivered.
78. Notice to be given io suits · . .'. -fi) . No suit shall be instituted again~1 ·1ri0 Autho~i1y or any member thereof or any of its officers or other employees or Pny person acting under the directions of tho Auihority or any member or any ofiicer or otho, employee of the Authority in respect of any action purporting to "lavo been done in pursuance . o . this Act or any rule or regulation made thereunder 1ill the expiration of two months from the date on whic.:h notice in wri1ing has r-:ieen in tho case of the Authonty, 1e1t at the office .or place of abode, m the p"rsrm to be and unless such notice slate elcplicitly the cause o ~ action, the, nature o . relief souqht, the amount of compensation claimed and the name and place of residence of the ir 'lding plaintiff and unless the p!aint contains a statement that such notice h, been so lofl or delivered.
No suil su r cs is described in sub-section {'1) shall unless i . I:,. a suit for recovery of unmovable property or 1or a declaration of tillR thereto , be instituted after the .expiry o' six months from the date on wi1ich th,i cause of action arises
Nothing contained in sub-section (1} shall be deemed lo apply to a suit in which the only relief claimed is an injunction of which the object would be defeated hy giving of the notice or the postponement of the insutution of the suit . ·
Comments 8. case-laer
[Dispute over title and possession of land-a bonafide buyer of propsrty from an lmprover.er., Trust is not required lo prove ihat t'1e property offered Ior sale by the Authority belonged to the authority concerned . The onus, lies or. tho party who claims , itle and/or possession over the property and that burden has to be discharged by tha: party. Bishwanath Prasad Verma vs. Bhagwai' Pandey 1982 PLJR 424 · ·198.2 BLJR 403.
Righi to notice s mandatory in nature, but it is always open to ,hn 3LJtl101ity concerned to waive its right to such notice. However. d1iB provision does 1101 afford any protection 10 any body else except the authority concerned and this plea cannot be raised by any other party on behalf of the concerned autnority, if it chooses not to offer any challenge, in this regard ibid.]