DCM LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) ON 21.8.2012, the following order was passed by this Court: -

(2.) THE fact of the matter however is that there is no document evidencing transfer of title in any manner i.e. subject land is in favour of the plaintiff and which is mandatory under Section 17(1)(b) of the Registration Act, 1908. I may also state that the plaint is for some inexplicable reason silent as to whether the plaintiff has or has not received complete compensation for its land which was acquired, i.e. if the plaintiff has taken complete compensation for the acquired land, then in equity prima facie, the plaintiff would not have any right in the suit land.

(3.) I am informed that the Estate Officer has already passed an order in the consolidated petition filed by the defendant for eviction of the plaintiff and also for mesne profits. This order passed was called for by a Division Bench of this Court in RFA (OS) No. 17/1995 in a sealed cover, and this order is still lying in a sealed cover in the said RFA (OS) No. 17/1995, inasmuch as, parties at the time of disposal of the appeal did not point out this fact to the Division Bench.