MOONKLIGHT ELECTRONIC IND Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A preliminary issue was framed vide order dated 27.5.1992. It is : "Whether the plaint is liable to be rejected for want of notice u/S. 53 (B) of the Delhi Dev. Act or whether the suit could be entertained or the suit is maintainable without such a notice on the facts and circumstances of this case ? Opp"

(2.) It is not disputed by the deft. DDA that a civil W.P. was filed between the parties. In that W.P. and in the instant suit, the question is what is the unearned increase to which the deft. is entitled to upon sale of 90% of the land covered by plot No. W-38, Okhia Industrial Estate, Phase-11.

(3.) The purpose of S. 53 (B) of the Delhi Dev. Act is to give notice to the deft. of the facts on which the plaintiff wishes to rely for purposes of seeking relief from this Court.