GANGA DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 13.8.2009 which has endorsed the finding of the trial judge dated 27.11.2004 whereby the suit filed by the Plaintiff seeking a declaration, permanent injunction against the Defendant to the effect that he should not be dispossessed from the suit property i.e. property bearing Khasra Nos. 70/22 and 70/23 situated in Village Badli, Delhi and further praying that the report of possession dated 12.11.1981 be declared illegal and non-binding upon the Plaintiff had been dismissed.

(2.) Plaintiff claimed to the owner of the aforenoted suit property. It was in the physical cultivatory possession of the Plaintiff. The said land was acquired by Award No. 35 dated 10.11.1981. There is no dispute to this fact. The contention raised before this Court is that after the passing of Award on 10.11.1981 no physical possession of the suit land was taken. The possession memo dated 12.11.1981 was a formality and not binding upon the Plaintiff. No notice of taking possession had been given to the Plaintiff. Present suit was accordingly filed.

(3.) In the written statement the defence was that the suit land had been acquired and physical possession of the same had been taken and handed over to the DDA on 12.11.1981.