NAND KISHORE Vs. DDA

JUDGEMENT

(1.) This appeal has been filed by the appellant / plaintiff, challenging dismissal of the Suit numbered CS 476266/2015 filed by him, vide the judgment and decree dated December 9, 2016 with the following prayers: -

(2.) The appellant/plaintiff had filed a suit before the Trial Court seeking a relief of mandatory injunction against the respondent/defendant and further sought conversion of temporary lease to a permanent lease of a land granted for agricultural purpose in favour of late Mohan Singh (father of the appellant) being 7 bighas in Khasra No. 69/2 located in Village Ghonda Chauhan Khadar which is now known as Plot No. 32, F Block Shashtri Park, Delhi ("suit property"? for short).

(3.) Initially the respondent acquired land from 32 farmers in Mauja Chiragah Sumali against file No. L-6/22/1962, inclusive of the land admeasuring 7 bighas 15 biswa belonging to late Mohan Singh. As per the plaint, in lieu of the said land the respondent allotted land ad-measuring 10 bighas to Late Mohan Singh vide letter No. L-6/22/1962 bearing plot No. 32, Khasra No. 24 in village Chiragah (North). This land was then utilised for building 312 flats by the respondent. The respondent then allotted land ad-measuring 7 bighas out of Khasra No. 69/2 in village Ghonda Chauhan Khadar (suit property) for agricultural purpose on temporary lease vide letter No. F9 (74)/82/CRC/DDA/297 dated December 29, 1982 / January 28, 1983, upon the alleged understanding that the said lease would be converted into a permanent lease after 3 years vide letter no. F.9(74)/82/CRC/DDA/1817 dated May 05, 1983. Late Mohan Singh wrote repeated letters to the respondents to execute the permanent lease. Thereafter in 1993, a suit was filed by late Mohan Singh titled Mohan Singh vs. V.K. Govil for permanent injunction and it was held that late Mohan Singh was in possession of the suit property. The appellant is one of the LRs of late Mohan Singh; whereas the other LRs have through a relinquishment deed transferred their share in the name of the appellant. Two out of the seven bighas of the suit property allotted to Mohan Singh were utilised for a road project the remaining five bighas are still in possession of the appellant. It is the case of the appellant that in 2010 the PWD (Government of NCT) tried to encroach on the suit property and the appellant filed a suit seeking permanent injunction which was decreed on the basis of appellant's possession. Another suit was filed against EDMC for restraining them from dispossessing the appellant. In 2008 the appellant came to know about the communication regarding conversion of temporary lease into permanent one between Late Mohan Singh and the respondent. After writing letters dated January 29, 2010, June 20, 2011, February 17, 2011 and September 1, 2011 for conversion of temporary lease into permanent lease the appellant filed the current suit before the Trial Court.