DELHI DEVELOPMENT AUTHORITY Vs. KELA DEVI

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India has been filed by petitioner seeking quashing of order dated 10th March, 2010 passed by Additional District Judge, Delhi.

(2.) Brief facts of this case are that respondent had filed a suit for permanent injunction against the petitioner claiming that her husband has occupied a piece of land in the year 1965/1966 out of Khasra Nos. 712/673 and 713/673, Village Wazirpur, Delhi and started residing there after raising a Kuccha structure and started keeping cattles thereupon on about 260 sq. yds. On the remaining portion, respondent planted trees and developed the same. The case of respondent is that the suit property falls on private land and only rest of the land has been acquired.

(3.) Alongwith the suit, respondent filed an application under Order 39 Rules 1 & 2 of the Code of Civil Procedure (for short as 'Code') seeking injunction against the petitioner not to interfere in any manner with the possession of the respondent over the land in question.