DDA Vs. OM SHANTI & ANR.

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant/DDA against the judgment dated 08.02.2008. I have heard the learned counsel for the appellant as well as the learned counsel for the respondents. The only substantial question of law which arises for consideration of this court is:

(2.) THE learned counsel for the appellant has vehemently urged that the judgment of the first appellate court dated 08.02.2008 suffers from perversity inasmuch as without discussing the evidence or the facts of the case, it has arrived at a finding contrary to the one which is arrived at by the trial court vide order dated 02.12.2006. In addition to this, the learned first appellate court has also directed that no action for demolition be taken in derogation of the judgment passed by the High Court in Civil Writ Petition No. 2361/1990.

(3.) IN order to understand the controversy, it is necessary that the brief facts of the case be given. The original respondent herein (Sh. Om Shanti since deceased) filed a suit for permanent injunction against the present appellant/DDA and the MCD claiming himself to be the owner and in possession of a residential piece of land bearing no. WZ -131 D/1 Village Naraina, New Delhi forming part of the land bearing khasra no. 1854/1784 in the revenue estate of village Naraina, New Delhi. It was alleged that the said residential property was sought to be demolished by the appellant/DDA on 02.01.1987. Accordingly a permanent injunction was prayed for restraining the appellant and the MCD, its officials, servants, assigns and representatives from demolishing the suit property i.e. property no. WZ 131 -D/1, forming part of land bearing khasra no. 1854/1784 in village Naraina, New Delhi.