PRITAM SINGH Vs. D D A

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8th May, 2001 of the Additional District Judge, Delhi in RCA No.16/2001, whereby the learned Judge has dismissed the appeal against the judgment and decree of the Trial Court dated 5th February, 2001, dismissing the suit. The Appellate Court in its judgment framed issues, namely, Issue No. 1 whether the plaintiff is having 50% share in the suit premises? Issue No. 2 whether the plaintiff has violated the terms and condition of the allotment? and Issue No. 3 whether the suit of the plaintiff is bad for want of notice under Section 53-B of the DD Act. The Appellate Court returned a finding that no valid notice had been given.

(2.) The appellant had approached the First Appellate Court on grounds inter alia that

(3.) Counsel for the appellant argues before me that due to the fact that the Delhi Development Authority had cancelled the allotment there was an apprehension that possession of the suit-property would be taken by the Delhi Development Authority, which then necessitated the appellant to file the suit for permanent injunction. This suit was filed on 15th July, 1988. During the pendency of the suit notice dated 30th July, 1988, under Section 53-B of the Delhi Development Act, was served on the respondent and well after the statutory time, application for amendment dated 4th November, 1988, was moved. This Amendment Application, to allow the prayer for declaration that the Cancellation Order is bad, was added. The aforesaid Amendment Application was allowed vide order dated 15th October, 1990. The Court having allowed the Amendment Application, the Delhi Development Authority could not turn around and say it had no prior notice of the amendment and, therefore, the suit was bad as violative of the bar under Section 53-B.