DELHI DEVELOPMENT AUTHORITY Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This is a regular second appeal filed by the appellant against the judgment dated 16.05.2005 passed in RCA No. 29/05 along with an application under S.5 of the Limitation Act, 1963. Vide the impugned order the first appeal of the appellant was dismissed on the ground of being barred by limitation.

(2.) Briefly stated the facts are that a suit for permanent injunction was filed by the respondent/plaintiff against the appellant/DDA claiming ownership of the suit property,. It was alleged in the plaint that the DDA had threatened to demolish the suit property illegally and without any show cause notice. It was prayed that DDA be restrained from demolishing the suit property being property no. 139 -A (215 sq. yds.) and 139 -H (80 sq. yds.) falling in khasra no. 548/135 which admeasures 58 bighas and 7 biswas situated within the abadi deh area and lal dora limits of village Savitri Nagar out of the Revenue Estate of village Sheikh Sarai, Delhi. DDA vide notification dated 24.9.1983 had regularised 11 colonies including Savitri Nagar, Delhi. The aforesaid property was part of the offer no. 999A dated 11.05.1962 of Village Sheikh Sarai, Delhi.

(3.) It is the case of the respondent/ plaintiff that he had purchased the suit property bearing no. 139 -A and 139 -H vide a registered sale deed dated 19.12.1988 in March 1981 and March 1982 respectively. The sale deed was registered on the basis of a certificate issued to the effect that the ADM (IA) Delhi vide Office Order No. 22317 dated 7.12.1988 had declared that the notification under S.6 of the Land Acquisition Act 1894 had lapsed.