VINAY D TIWARI Vs. DDA & ORS

JUDGEMENT

(1.) Respondent No.2 K.K.Sharma was allotted a DDA flat bearing No.179-C Pocket J&K, Dilshad Garden, Delhi in the draw of lots held by the DDA on May 19, 1985. The physical possession of the flat was also handed-over to K.K.Sharma vide letter dated May 28, 1986. It is the case of the appellant Vinay D.Tiwari that K.K.Sharma executed a general power of attorney, possession letter, receipt dated January 08, 1987 in his favour after selling the flat for a consideration of Rs. 28,000/-. DDA/ respondent No.1 issued a show cause notice to K.K.Sharma on October 07, 1988, seeking explanation about the transfer of the flat.

(2.) K.K.Sharma filed a suit seeking declaration, permanent and mandatory injunction and damages for use and occupation of the flat against Vinay D.Tiwari before the learned Civil Court which was later on amended by K.K.Sharma seeking possession as well. In the written statement DDA stated that the possession of the flat had been handed over to Vinay D.Tiwari.

(3.) The learned Civil Judge vide its order dated February 06, 1992 directed the parties to the suit to maintain status-quo in respect of the flat in question. The suit was finally disposed of in favour of K.K.Sharma where after an appeal was preferred by Vinay D.Tiwari before the learned ADJ.