NARESH KUMAR Vs. DDA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 20.10.2010 whereby the suit of the three appellants who were the plaintiffs as also the respondent No.3 herein who was another plaintiff, was dismissed by holding that the suit was in fact a proxy endeavour by the defendant No.2/respondent No.2/alleged landlady for encroachment on public land.

(2.) THE facts of the case are that four plaintiffs filed a suit for permanent injunction against the Delhi Development Authority(DDA)/defendant No.1/respondent No.1 claiming that the plaintiffs were tenants of the respondent No.2 with respect to shops situated on Khasra No.169/5/3 Min. of Mauza Kadam Sharif, Motia Khan, Delhi. It was pleaded that the respondent No.2 had earlier instituted a suit against the DDA with respect to Khasra No.169 and which suit was decreed in favour of the respondent No.2 and appeals thereagainst right to the Supreme Court of the DDA were dismissed. It was, therefore, prayed that the respondent No.1/DDA be restrained from in any manner demolishing or interfering with the possession of the plaintiffs with respect to the shops in question.

(3.) THE main and the only issue which was argued before the trial Court, and which was also argued before me, is as to whether the suit shops are located in Khasra No.169/5/3 or in Khasra No.196/8/1. THE trial Court has held that the suit shops fell in Khasra No.196/8/1 and not in Khasra No.169/5/3. THE trial Court held that the burden was on the plaintiffs to prove their case, as they had come to the Court claiming that the suit shops fell in Khasra No.169/5/3 and not in Khasra No.196/8/1. Trial Court also noted the fact that out of the four plaintiffs, three plaintiffs did not even step into the witness box and so far as the fourth plaintiff is concerned, he only gave oral depositions to claim that the suit property was situated in Khasra No.169/5/3. THE trial Court, has, thereafter arrived at finding of fact by referring to evidence led on behalf of the DDA that as per the Ak-shajra(map) Ex.DW1/2 and also the Jamabandi (revenue record of rights) Ex.DW1/1 the suit shops were located not on Khasra No.169/5/3 but in Khasra No.196/8/1.