RADHEY SHYAM DANG Vs. D.D.A.

JUDGEMENT

(1.) APPELLANT 's suit No. 65/99 for permanent injunction to restrain respondents from interfering in his alleged possession of the suit land has been dismissed by impugned order dated 27.8.2001. Hence this appeal. Appellants filed the suit claiming that they were collectively and exclusively in physical possession of the land measuring 29 bighas 3 biswas comprising Khasra No. 651 (renumbered 1267) situated in the Revenue Estate of Village Mehrauli. They also asserted that they were in its continuous and uninterrupted physical possession since 1988 and has also constructed a wall around it but officials of respondents were harassing them and threatening to dispossess them for which they had also lodged a complaint with the police and on which no action was taken. They supported their claim to possession by annexing an attested copy of a purported khasra girdawari with the plaint and prayed for a decree of permanent injunction to restrain respondents from interfering in their possession and from demolishing some structure on the suit land.

(2.) R 1(DDA) resisted Appellants' claim on the plea that the suit land was placed under its disposal by notification No. F.35 (76) -L&B under Section 22 of DDA Act dated 12.7.1996 by Delhi Administration and was in its possession and was being developed for Vasant Kunj Residential Scheme.

(3.) SUIT record shows that appellants examined only two witnesses including appellant No. 1 to support their claim in the suit. Appraising the evidence on record, trial court found that appellants had neither proved their possession nor ownership on the land and accordingly dismissed their suit.