VIJAY SEHRAWAT Vs. D.D.A.

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 14.2.2005 dismissing the suit of the appellant/plaintiff as not maintainable. The subject suit was filed by the appellant/plaintiff claiming perpetual injunction against the respondent/defendant with respect to property situated in khasra no. 839/2, village Mahipalpur, Delhi. The area of the land in question is 2 bighas and 4 biswas. The appellant/plaintiff claimed that the land in question belongs to her father -in -law and whereafter it vested in her by virtue of relinquishment deed dated 20.9.1985, executed by her father -in -law.

(2.) THE respondent/defendant contested the suit and pleaded that the suit property was situated not on khasra no. 839/2 but on khasra no. 839/1 which was an acquired Government land. It was also pleaded that earlier also the appellant/plaintiff had sought to encroach upon the khasra no.839/1 and the illegal construction of the appellant/plaintiff was demolished.

(3.) THE Trial Court has dismissed the suit by observing as under: -