SANJAY DUBEY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant under Section 100 CPC against the order dated 21.11.2012 passed by the learned Additional District Judge dismissing the appeal of the appellant being R.C.A. No. 5/2012. I have heard the learned counsel for the appellant and have also gone through the record. The plaintiff/appellant herein had filed a Civil Suit No. 141/2007 for permanent injunction against the respondent/DDA claiming himself to be the owner and in possession of property/land measuring 1000 square yards out of Khasra No. 143 situated in the Abadi of village Mandawali -Fazalpur, Delhi -110092. It was stated in the plaint that the aforesaid parcel of land was bounded as under: -

(2.) IT was alleged that the plaintiff/appellant herein tried to construct the boundary wall but was refrained from doing so by the respondent which necessitated filing of the suit for permanent injunction. The defendant/respondent contested the suit.

(3.) SINCE the defendant/respondent/DDA had taken the plea that the suit land falls in Khasra No. 578, accordingly, an issue in this regard was framed. The parties were permitted to adduce their respective evidence and the learned trial court dismissed the suit on 19.11.2011 by observing that the appellant was not able to prove either his title or possession in respect of the suit land bearing Khasra No. 143 measuring 1000 square yards. The trial court observed as under: -