HAFIZ ABDUL MANNAN Vs. DDA

JUDGEMENT

(1.) This is a regular second appeal under Section 100 CPC against the order dated 6.2.1993 passed by the learned Additional District Judge in appeal No.204 of 1984 upholding the judgment and the decree dated 17.11.1984 passed by the learned Sub Judge in Suit No.885/1972 (renumbered as 433/1973) by virtue of which the said suit was dismissed.

(2.) Briefly stated the facts of the case are that the appellant/plaintiff filed a suit for possession in respect of property bearing Municipal No.XI/3438 to 3453 situated at Delhi Gate, Delhi. It was alleged that a portion of the property referred to as bearing Municipal No.XI/3440-3445 (old Nos.4485-4490) is under the unauthorized and illegal possession of the Municipal Corporation of Delhi (MCD) from September, 1961 and presently, the same is under the unauthorized occupation of the defendant/respondent herein (DDA) and they are also not paying any rent, damages or license fee. The respondent/defendant contested the suit and took the plea that the aforesaid building/land was acquired for implementation of Slum Clearance Scheme known as Delhi Ajmeri Gate Scheme vide award No.943/590 dated 22.5.1950 which property vested in Delhi Improvement Trust through Special Land Acquisition Collector. It has been stated that the present suit is not maintainable on account of the fact that the suit is filed for declaration without giving notice under Section 53-B of the DDA Act, 1957. Further, the land having been voluntarily acquired and utilized for the purpose for which it was meant, the appellant/plaintiff was not left with any right, title or interest to claim the property in question. Further, it was also stated that the respondents have been in possession of the suit land for more than 12 years which has been admitted by the appellant/plaintiff and, therefore, they have become owner by way of adverse possession.

(3.) On the pleadings of the parties, the following issues were framed :-