LIAQ MOHAMMAD Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) . This Regular Second Appeal is directed against the judgment and decree of Additional District Judge dated May 5, 1989 by which he had dismissed the appeal of the appellant and has affirmed the judgment and decree dated February 2, 1983 of Sub Judge by which suit of the plaintiff seeking possession of the property in question was dismissed.

(2.) Undisputed facts of the case are that the land underneath the super structure bearing municipal No 7766-7771/XIV, Kasab Pura, Sadar Bazar, Delhi measuring approximately 50 sq. yds. was ancestral property of Ch. Harphool Singh, predecessor in interest of the appellant and Hari Singh. A partition decree dated 10.5.56 in Suit No. 255 of 1955 was passed and this particular property fell to the share of Hari Singh. Hari Singh had vide Sale Deed dated4.12.73 transferred this property in favour of the appellant.

(3.) Prior to the partition of this property, the owners had let out the open plot in question to one Sh. Habib Ahmed vide Rent Deed dated 28.2.45. Habib Abmed had, on partition of the country in 1947, migrated to Pakistan. The Custodian, under the Administration of Evacuee of Property Act, had declared the whole of the said property i.e. plot as well as the super structure constructed by Habib Ahmed over the said plot as evacuee property.