PRADEEP KUMAR CHOPRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order shall also govern the disposal of civil revisions No. 232/93 & 233/93, as these revision petitions have been filed against the common order dated 2-2-1993 passed by the Additional District Judge in RCA No. 19/92 and they also raise common questions of facts and law.

(2.) Brief facts leading to filing of these revision petitions are that the petitioners filed civil suits No. 752-758/88 and 759/88 in the Court of Sub Judge 1st class, Delhi for permanent injunction restraining the respondent defendant from demolishing the suit property and/or from interfering with their possession over the said property. Along with the plaints, they also filed applications for grant of temporary injunction. These applications were dismissed by the Trial Court on the ground that the petitioners had failed to make out a prima facie case for grant of a temporary injunction. The petitioners unsuccessfully challenged the said order before the appellate Court. The appellate Court by the impugned order upheld the order passed by the Trial Court and dismissed the petitioners' appeals. Aggrieved by this order, the petitioners have now come up in revision before this Court.

(3.) Learned counsel for the petitioners contended that both the Courts below have committed a grave error in ignoring the documentary evidence on the record which clearly shows that the disputed property is not a part of Khasra No. 1638 and the said property is owned and possessed by the petitioners and as such the impugned order is not sustainable.