MOHIT TIWARI Vs. KRISHAN PAL

JUDGEMENT

(1.) THIS is a suit seeking declaration and permanent injunction. The plaintiff claims to be the owner of the suit property, i.e., a land admeasuring 3 bighas and 17 biswas bearing No. 371 min., situated in the revenue estate of Village Nangloi Syed, Delhi by virtue of a registered sale deed dated 21/06/2010 (Ex. PW -1/2). The plaintiff claims to have raised a construction thereon and let out seven shops thereof to different tenants by way of registered rent agreements (Ex. PW -1/21 to PW -1/27). The defendant No.1 is stated to be a land -grabber and defendant Nos. 2 & 3 are stated to be Sub Divisional Magistrate and Divisional Commissioner concerned, respectively.

(2.) THE plaintiff's case is that defendant No.1 coerced the plaintiff to sell the suit property, however, he refused to do so; that upon a complaint made by defendant No.1, the local police made a report under Section 145 of the Criminal Procedure Code, 1973 and the concerned Sub Divisional Magistrate got the suit property sealed. A revision petition preferred by the plaintiff apropos the said proceeding is stated to be pending before the learned Additional Sessions Judge, Tis Hazari Courts, Delhi.

(3.) THE plaintiff claims that an attempt was made by the defendants to show that the suit property is an acquired land; the plaintiff submitted a certified copy of the Gazette Notification issued on 30.06.1996 under Section 6 of the Land Acquisition Act (Ex. PW - 1/8), a certified copy of award No. 2202 dated 12.06.1969 (Ex. PW -1/19) and a certified copy of the Gazette Notification issued under Section 22(1) of the Delhi Development Act, 1957 (Ex. PW - 1/20) to prove that the suit property was never acquired by the Government. It is also submitted that the said admitted position has gone un -rebutted.