DELHI DEVELOPMENT AUTHORITY Vs. JAGBIR SINGH

JUDGEMENT

(1.) THIS regular second appeal has been filed against the concurrent judgments of the courts below; of the trial court dated 22.10.2009 and the first appellate court dated 5.3.2012; by which the suit of the respondents/plaintiffs to the extent of injunction was decreed with respect to the suit land comprising of an area of 50 'X201 ' in village Samaspur Jagir, Delhi, however, the relief of declaration of ownership prayed by the respondents -plaintiffs with respect to this very land has been declined.

(2.) A reference to the impugned judgments shows that both the courts below have relied upon the demarcation report of the revenue official appointed as a Local Commissioner, and which is dated 7.1.2003, exhibited as Ex.PW4/C, showing that the area of 50 'X201 ' does not fall in the acquired land falling in K.Nos.48 and 49 as per the case of the appellant -defendant. The plot in question is found to have been located in K.No. 37/2 as was the case of the respondent/plaintiff.

(3.) THE relevant observations of the first appellate court are contained in paras 8,18,22 and 23 of the impugned judgment and which read as under: -