BALJEET SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE subject matter of this property is the property situated in a part of Khasra No.48, Lal Dora, Badarpur. THE plaintiff had filed a suit for permanent injunction against the DDA; his suit had been dismissed. THEreafter vide the impugned judgment dated 28.02.2002 his appeal also stood dismissed.

(2.) COUNSEL for the appellant had placed reliance upon a judgment delivered by a Bench of this Court in RSA No.181/2002. The subject matter of the suit property in that case is also related to the same khasra; Khasra no.48, Lal Dora Badarpur, part of the suit property is located in Khasra No.48 and part of the suit property the property is located in Khasra No.31/27; which was also the factual position in RSA No.181/2002 i.e. on identical facts. In the instant case also report of the surveyor /local commissioner is on record. The report of the local commissioner of this case is identical with the report of the local commissioner in RSA No.181/2002; he was the same local commissioner. The finding in RSA No.181/2002 in paras 10 & 11 reads as follows: