(1.) THIS second appeal is filed under Section 100 CPC, 1908 impugning the concurrent judgments of the courts below; of the trial court dated 27.2.2013 and the first appellate court dated 1.2.2014; by which the suit filed by the respondent no.1/plaintiff was partly decreed and the counter -claim filed by the appellants/defendants no.2 and 3 was dismissed.
(2.) DISPUTES in the present case pertain to entitlement of construction of plaintiff/respondent no.1 on plot bearing no. 24 -A, Road No.4, Jai Dev Park, Punjabi Bagh, New Delhi admeasuring 114 sq. metres and situated in K.No. 2434/236, Khata No. 401, Khewat No. 129. The issue with respect to entitlement to construct on this plot was related to the issue as to whether the subject plot did fall or did not fall in the sanctioned lay out plan of the MCD with respect to Jai Dev Park Colony. If the plot is a part of a sanctioned lay out plan, then MCD will have control over this plot for its management, but if the plot is not a part of the sanctioned lay out plan, then, MCD will have no control over this plot, inasmuch as, the plot will be a privately owned plot originally of the private colonizer, and belonging to the successor -in -interest to whom the plot was sold.
(3.) A reading of the aforesaid paras makes it more than abundantly clear that the disputed plot no. 24 -A was not a part of a lay out sanctioned plan with respect to Jai Dev Park. Once that is so, MCD cannot claim any right to the plot for management and nor can the appellants/defendant nos.2 & 3 claim any title on this plot. So far as ownership is concerned, defendant nos.2 and 3 are not claiming any ownership on this plot, and if there are any inter se disputes between the original owner and the successor -in -interest, including present owner, i.e plaintiff in the suit, the same are of no concern to the appellants/defendant nos.2 and 3.