LAWS(DLH)-1973-5-28

DELHI DEVELOPMENT AUTHORITY Vs. MOHAN LAL SHASTRI

Decided On May 09, 1973
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
MOHAN LAL AND TWO OTHERS Respondents

JUDGEMENT

(1.) These appeals are against a common judgment in which questions of law involved are the same, and, therefore, it would be convenient to dispose them of by a single judgment.

(2.) The appeals have been filed against the decree and judgment dated the 21st February, 1966, passed by Shri G. R. Luthra, Senior Sub- Judge, Delhi whereby he dismissed the appeals filed by the appellant against the decree and judgment dated the 28th August, 1964 & 1st September 1964, passed by Shri P. K. Bahri, Sub-Judge 1st Class, Delhi, whereby the Sub-Judge decreed the suit of the respondents and granted an injunction against the appellant. In order to appreciate the respective contentions of the parties, it would be relevant to record the salient facts of the cases in the three appeals.

(3.) Mohan Lal, respondent, in R.S.A. 177-D of 1966 filed a suit against the appellant seeking an injunction against it from making attachment and ordering sale of his property and from invoking other coercive measures against him for recovery of arrears of ground rent stated to be due from him. He further prayed that a mandatory injunction against the appellant to release his properties which were attached for the realisation of arrears stated to be due from him, be granted.