SMT. RATI DEVI Vs. DELHI DEVELOPMENT AUTHROITY

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 29.7.2008 which had endorsed the finding of the trial judge dated 04.3.2003 whereby the suit filed by the Plaintiffs Rati Devi and Ors. seeking relief of declaration and permanent injunction to the effect that the Plaintiffs are the owners in possession of suit property and the Defendant be restrained from dispossessing the Plaintiffs from the aforenoted suit property, had been dismissed.

(2.) THE case of the Plaintiffs is that they are owners and in possession of the suit land contained in Khasra No. 1300 situated in abadi of Village Madipur, Delhi (which is more correctly described in the site plan annexed with the plaint). Plaintiffs had been using this property for their residential purpose for the last 35 years. Sh. Ram Lal, father of the Plaintiffs had constructed a Dharamshala therein. Ejectment proceedings under Section 86 -A of the Delhi Land Reforms Act (hereinafter referred to as 'the DRLA') against father of the Plaintiffs had been filed by Gaon Sabha Madipur and Union of India; ejectment order was passed on 16.10.2008; appeal against this order had set aside the order of the Revenue Assistant and the matter was remanded back for re -hearing. This was on 27.8.1969. Thereafter no action has been taken by the Gaon Sabha. Ram Lal was in possession of the suit land and after his death the Plaintiffs are in possession of the suit land. Defendant had threatened to demolish the aforenoted suit property. Part construction was demolished on 12.11.1980; Civil Suit No. 559/1975 had been filed against the Defendant; wherein statement was made by the Defendant that the Defendant will not be dispossessed by the Plaintiffs except as per due process of law. Plaintiffs are now being threatened with dispossession. Present suit has accordingly been filed.

(3.) FROM the pleadings of the parties, the following three issues were framed: