RAJENDRA JAIN Vs. D.D.A. AND ORS.

JUDGEMENT

(1.) This first appeal under Sec. 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 7th January, 2005 of the Court of Shri Vimal Kumar Yadav, Additional District Judge, Delhi of dismissal of Suit No. 283/2004 (instituted on 24th February, 1994) filed by the appellant for the relief (i) of declaration that the cancellation by the respondent/defendant Delhi Development Authority (DDA) of the lease of plot of land bearing No. G -2, Kalkaji Shopping Centre, New Delhi is void and of no legal consequence; and, (ii) of permanent injunction restraining the respondent/defendant DDA from dispossessing the appellant/plaintiff from the said property.

(2.) Before coming to the course chartered by this appeal, it is expedient to notice the course which the suit from which this appeal arises took.

(3.) The appellant, in the auction held by the respondent DDA on 30th July, 1984, was the highest bidder for leasehold rights in respect of commercial Plot No. G -2, Kalkaji Shopping Centre, New Delhi; plans for raising construction on the said plot of land were sanctioned by the respondent DDA on 21st December, 1984 and a perpetual lease deed executed in favour of the petitioner on 15th February, 1985. The petitioner, on completion of construction, was granted Completion Certificate dated 21st November, 1986.