SURAJ SINGH Vs. DELHI ADMINISTRATION & ANR

JUDGEMENT

(1.) CM Appln. No.2322/2016 Exemption allowed subject to all just exceptions. Application is allowed. CM Appln. No.2321/2016 For the reasons stated in the application, the delay of 17 days in re -filing the appeal is condoned. The application is allowed and disposed of accordingly. RSA No.22/2016

(2.) The appellant/plaintiff sought restraining orders against the defendant Nos.1 & 2 from dispossessing him from the suit property. He claimed himself to be the owner and possessor of a plot measuring 86 sq.yards falling near bus stand, Village Old Lal Dora of Village Badli, Delhi since 1961 -62. On the aforesaid land, the appellant kept his cattle. The ownership was claimed by way of adverse possession over the aforesaid property. Some construction was carried out over the said land in the year 1980 and electric and water connections were obtained in the name of his son and himself respectively. The cause of action arose when, on 14.07.1994, the officials of defendant No.1 came for demolishing the structure over the suit premises.

(3.) The defendant No.1 contested the suit on the ground that neither the ration card nor the electricity and water bills referred to or contained the address of the appellant as being resident of the suit property. It was contended that the suit property was obtained by the defendant No.1 from Gram Sabha way back in the year 1970 and since then, the defendant has been in possession of the same. A veterinary hospital is slated to be constructed over the said property.