SHIV PRAKASH Vs. MOOL CHAND

JUDGEMENT

(1.) This regular second appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 ('CPC') impugns the judgment dtd. 23/3/2017 passed by the ADJ-02, Shahdara District, Karkardooma Courts, Delhi ('First Appellate Court') in RCA No. 98/2016, titled as 'Shiv Prakash v. Mool Chand and Ors.', whereby the First Appellate Court dismissed the said appeal filed against the judgment dtd. 12/10/2011 passed by the SCJ ' cum ' RC, North East District, Karkardooma Courts, Delhi ('Trial Court') in Civil Suit no. 754/2006.

(2.) The Appellant is the plaintiff, the Respondent No. 1 is the defendant no.1 and the Respondent Nos. 2 to 5 are defendant nos. 2 to 5 respectively. Only Respondent No.1 is contesting the present proceedings. For ease of reference, the parties are being referred to by their original rank and status as was before the Trial Court.

(3.) The plaintiff's case in brief is that his father, Sh. Jaswant Singh, was the recorded owner of the land, ad-measuring 1 Bigha and 4 Biswas, comprising of Khasra No. 580, Karkardooma Courts, Delhi ('suit land'), which later stood acquired by the Government vide Award No. 54A dtd. 7/1/1971. It is stated that though the award amount was assessed in the name of late Sh. Jaswant Singh, neither he (during his lifetime) nor the plaintiff, who was impleaded as a legal representative, accepted the said compensation even after its enhancement by the Additional District Judge, Delhi ('Reference Court') in LAC 317/1971. It is stated that the suit land continued to be in actual physical possession of plaintiff and his mother, late Smt. Mohro Devi.