MAN SINGH Vs. RAMJI DAS

JUDGEMENT

(1.) THIS is an application seeking condonation of 88 days delay in re -filing the appeal.

(2.) FOR the reasons mentioned in the application, the same is allowed and delay of 88 days in re -filing the appeal is condoned as ,,sufficient cause has been shown.

(3.) BEFORE dealing with the contentions of the learned counsel for the appellant, it may be pertinent to mention here that the appellant filed a suit for permanent injunction claiming himself to be the owner in respect of the parcel of land measuring 4 bighas and 9 biswas situated in Khasra No.12, Village Saboli, Nand Nagri, Delhi. He contended that the respondent/defendant was trying to encroach upon 900 square yards of land out of the said Khasra No.12, Village Saboli, Nand Nagri, Delhi. The respondent/defendant denied the factum of said encroachment. It was stated by him that the total land area was 6 bighas and 9 biswas, out of which he was the owner in respect of 2 bighas of land. It was also denied by him that he was encroaching on any parcel of land belonging to the appellant.