MANJU RANI Vs. SHIV PROPERTY DEALER

JUDGEMENT

(1.) THE petitioner is aggrieved by the findings returned in the order dated 16.04.2008 by the Additional District Judge (as the first appellate Court) in pursuance to the findings returned by the Civil Judge dated 20.01.2005.

(2.) RECORD shows that the present suit was filed for possession, permanent and mandatory injunction. Averments made in the plaint have been perused. The plaintiff claims himself to be the owner of plot bearing No. 48-A measuring 100 square yards out of Rect. No. 21, Killa Nos. 23 & 24 and Rect. No. 34, Killa Nos. 3, 4, 7 & 8 situated in the area of Village Dabri in Sagarpur, Delhi. He is stated to have purchased it vide a sale deed dated 24.04.1973. His contention was that the defendants had illegally trespassed upon the said land. Accordingly the suit was filed.

(3.) REPLY was filed refuting this contention. The petitioner/defendant had placed reliance upon a Notification dated 23.05.1963 as also another Notification No. F.33/Engg. TD (D)/11424/94 dated 24.10.1994 to substantiate his submission that in terms of Section 507 (a) of the Delhi Municipal Corporation Act, the plot in question has since been urbanized and having become urbanized land, the provisions of the said Act are no longer applicable.