SHANKAR LAL Vs. JAI PAL

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment dated 09.05.2013 passed by the learned ADJ dismissing the appeal and upholding the judgment and the decree dated 13.07.2005 passed by the trial court in a suit filed by one Sh. Jai Pal.

(2.) THE learned counsel for the appellant has stated that he has raised substantial questions of law in the appeal, which need consideration by this court.

(3.) BEFORE dealing with the submissions made by the learned counsel for the appellant, it will be worthwhile to give a brief background of the case. R -1/Jai Pal originally filed a Suit No.429/2008 (renumbered later on and given the new no.1036/1991) against Mr.Shankar Lal and Mr.Abdul Razaq. The case which was set up by him was that he had been allotted a parcel of land measuring 25 square yards bearing No.J -III/387, J.J.Colony, Wazirpur, Delhi by DDA vide allotment letter dated 08.03.1978. He took possession and raised a temporary construction. On 19.11.1978 when he came to the suit premises, he was sought to be forcibly dis -possessed. This forcible dispossession was resisted by Mr.Jai Pal and he lodged a report with the police. He also tried to protect his possession by filing the suit for permanent injunction against the present appellant Mr.Shankar Lal and one Mr.Abdul Razaq.