DELHI DIOCESAN TRUST ASSOCIATION Vs. LAWRANCE MESSY

JUDGEMENT

(1.) THE present petitioner, who is plaintiff in Suit No. 24/2010, is aggrieved by the order dated 25.10.2012 passed by learned Civil Judge whereby his prayer for deleting the issue No. 2, has been declined by the Court. Learned counsel for the petitioner has submitted that the petitioner/plaintiff filed a suit for possession, permanent injunction and recovery of damages and compensation against the defendant seeking possession of Quarter No. 4 at 1, Church Lane, New Delhi, allotted to the respondent during the course of his employment. Respondent had ceased to be the employee of petitioner as 10.09.2001, the respondent requested in writing for his earlier retirement, and his request was accepted w.e.f. 20.10.2001.

(2.) THEREAFTER , the respondent was requested to handover the possession of the quarter allotted to him and to settle the account which he failed to do. On getting information that the respondent was trying to create third party interest in the quarter and trying to part with the possession, the above referred suit was filed. After the pleadings were completed, learned Trial Court framed the following issues on 12.03.2012:

(3.) WHETHER the defendant is residing in the premises bearing quarter no. 4 campus of Bishop's House, 1 Church Lane, New Delhi prior to the year 1970 ? OPD