BUDH RAM Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This revision petition has been filed against the order dated 12.10.1988 passed by Shri A.S. Yadav, Sub Judge First Class, Delhi.

(2.) Brief relevant facts giving rise to this revision petition are that the petitioner filed a suit restraining the defendants from demolishing the three rooms in the premise's bearing Municipal No. D-15 (now known as D-40), Acharya Niketan, Patparganj, Delhi-110051 by passing a decree for permanent injunction in favour of the plaintiff and against the defendant and the demolition order dated 6.5.1987 issued by the defendant may be declared null, void and illegal by passing a decree for declaration in favour of the plaintiff and against the defendant. In the said suit, the plaintiff filed an application under Section 151 of the Code of Civil Procedure seeking decreeing the suit on the ground that the property in question has been transferred to the M.C.D. and hence D.D.A. has no jurisdiction over the suit properties. The trial court dismissed the application on the grouund that the subsequent transfer of the area is immaterial and the suit could not be decreed simply because the area was alleged to have been transferred to the M.C.D. Against this order, the petitioner-plaintiff has preferred this revision petition.

(3.) There is no jurisdictional error and therefore the revision petition is dismissed in limine.