DELHI DEVELOPMENT AUTHORITY Vs. SH. ASHOK KUMAR

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant/Delhi Development Authority (DDA) in the suit impugning the concurrent Judgments of the courts below; of the Trial Court dated 28.7.2010 and the First Appellate Court dated 27.7.2012; by which the suit for mandatory and permanent injunction filed by the respondent/plaintiff was decreed and the appellant/defendant was directed to allot an alternative plot to the respondent/plaintiff. The appellant/defendant was restrained from dispossessing the respondent/plaintiff from the suit property except with the due process of law.

(2.) The limited issue for consideration in the present Regular Second Appeal is that whether the respondent/plaintiff was in possession/occupation of jhuggi no.C-S-02/H-122, Dr. Ambedkar Camp, New Delhi prior to 31.12.1998 inasmuch as only those persons who were in possession of the jhuggi situated on the government land prior to 31.12.1998 were to be granted alternative allotment on being dispossessed from the jhuggi.

(3.) The respondent/plaintiff pleaded a case of his possession and occupation of the jhuggi in question prior to 31.12.1998 and accordingly led evidence. In the evidence, three documents are proved by the respondent/plaintiff to support his case and which are ration card Ex.PW1/1 dated 24.5.1999, election identity card Ex.PW1/2 dated 7.1.2003 and an identity card issued by the Delhi Administration Ex.PW1/3 dated 15.2.1990.