LAWS(DLH)-2023-9-103

SHAKINA Vs. DELHI DEVELOPMENT AUTHORITY

Decided On September 27, 2023
Shakina Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This regular second appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 ('CPC') impugns the judgment dtd. 31/7/2023 passed by ADJ, (South), Saket District Courts, Delhi ('First Appellate Court or Appellate Court'), in RCA No. 18/2018 titled as Shakina v. DDA, whereby the First Appellate Court has dismissed the appeal filed by the Appellant herein impugning the judgment dtd. 20/2/2018 passed by Senior Civil Judge acting as Rent Controller, South, Saket District Courts ('Trial Court or Civil Court'), in CS CSJ 82902/2016 (Old No. 704/2009), titled as Shakina v. DDA, wherein the Trial Court had dismissed the suit filed by Appellant herein for permanent and mandatory injunction filed by the Appellant against the Respondent i.e., Delhi Development Authority ('DDA").

(2.) For the sake of convenience, the parties are being referred to in this judgment as per their rank and status before the Trial Court. The Appellant is being referred to as the plaintiff and the Respondent is being referred to as the defendant.

(3.) The plaintiff filed a suit in the year 2009 for permanent and mandatory injunction against the defendant, DDA. It was averred by the plaintiff in the suit that she is the 'owner' in exclusive possession of the property bearing Khasra Nos. 108 and 110 forming part of old Khasra No. 222/68 min of Village Begumpur, New Delhi ('said property").