ISHTIYAQ AHMED Vs. DELHI DEVELOPMENT AUTHORITY & ORS

JUDGEMENT

(1.) A suit filed by Mohd. Ishaq against DDA and Abdul Qayum seeking a decree for perpetual and mandatory injunction and declaration regarding allotment of plot No.D-1/130, Rewari line Industrial Area, Phase-II, Mayapuri, New Delhi (hereinafter referred to as "the suit property") in the name of Abdul Qayum as illegal, void and without jurisdiction and the entitlement of Mohd. Ishaq to an alternative site/plot as against Stall No.23 Motor Market, Kabari Bazar, Jama Masjid, Delhi was dismissed by learned Civil Judge on 11th August, 2009. During the pendency of the civil suit both Mohd. Ishaq and Abdul Qayum died, thus their legal heirs were brought on record.

(2.) On an appeal filed by L.Rs. of Mohd. Ishaq the learned ADJ vide the order dated 26th February, 2010 set aside the judgment and decree of the learned Civil Judge and granted decree with costs in favour of legal representatives of Mohd. Ishaq declaring allotment of the suit property in the name of Abdul Qayum as illegal, void and without jurisdiction and that Mohd. Ishaq was entitled to allotment of alternative site/plot as against Stall No.23 Motor Market, Kabari Bazar, Jama Masjid, Delhi. A decree of mandatory and perpetual injunction was also passed in favour of Mohd. Ishaq.

(3.) In the execution petition filed, Ishtiaq Ahmed the petitioner herein filed objections before the learned Civil Judge which were dismissed vide order dated 9th November, 2012. Against the said order, Ishtiaq Ahmed filed an appeal before the learned ADJ which was dismissed vide the impugned judgment dated 15th November, 2014.