S BALBIR INDER SINGH Vs. M C D

JUDGEMENT

(1.) Writ petition and the CM(Main) above have been filed by S. Balbir Inder Singh. In the writ petition, order dated 18.12.2003 passed by the Appellate Tribunal MCD in Appeal No. 3/ATMCD/2003 has been challenged. It is prayed that said order be sent aside and as a consequence demolition order dated 30.12.2002 passed by MCD be quashed.

(2.) In the CM(Main) it is prayed that order dated 19.4.2004 passed by Shri A.KPathak A.D.J. Delhi in MCA No. 49/2004 be quashed and as a consequence order dated 28.2.2004 passed by Sh.Amit Bansal, Civil Judge Delhi in Suit No. 322/2003 be set aside and petitioners application under Order 39 Rule 1 and 2 CPC be allowed. MCD be restrained from demolishing petitioners house No. 1513, Wazir Nagar, Kotla Mubarakpur, New Delhi till disposal of the suit filed by the petitioner.

(3.) Case pleaded by the petitioner is that by and under a registered sale deed dated 29.10.1952, his father, late S.Dalip Singh purchased 500 sq. yards of land which came to be given Municipal number 1513, Wazir Nagar, Kotla Mubarakpur, New Delhi. His father constructed a house on the plot. By way of an internal arrangement between petitioner and his step mother, Smt.Ranjeet Kaur Guman, portion of house measuring 135 sq. yards came under possession of the petitioner and remaining 365 sq. yards came under possession of his mother.