C P RAMAN Vs. RAM PYARI SHARMA

JUDGEMENT

(1.) This Revisioin Petition challenges the legality and propriety of Order dated 17.8.1995 passed by the Learned Civil Judge, Delhi dismissing an application under Order I Rule 10 of the Civil Procedure Code . filed by the petitioners /defendants (inSuitNo.323/94).

(2.) The Respondent is the plaintiff in the suit before the Trial Court while the present petitioners are the defendants. Plaintiff filed a suit for injunction against defendants claiming to be owner of Property No.C-1A/114-A, Pankha Road, Janakpuri, New Delhi and was living in that house since 1973 alongwith her family. There is vacant piece of land lying between plaintiff's flat and neighbouring flat No.C-IA/113-A where the plaintiff has planted shrubs plants and trees and fencing hedges, as alleged by her, to control pollution as there was a drain nearby and to prevent entry of stray animals, hedge fencing has also been done in the front side; the defendants who are also residents of the same block and claiming to be executive members of Residents Welfare Association were hostile and inimical to her, are alleged to have conspired and threatened her on 4.9.1994 and again on 8.9.1994 to demolish the said plantations.

(3.) The defendants filed written statement alleging that the land in question belongs to Delhi Development Authority(for short DDA) intended for use by public and that for the maintenance and development of the colony and civic services in the colony have been entrusted to Municipal Corporation of Delhi( for short MCD). As the plaintiff has encroached upon the land belonging to DDA and MCD for personal use and for commercial purposes by developing a nursery there and by raising fencing others have been deprived of its use As the land belongs to them, both DDA and MCD are necessary and proper parties and should have been impleaded. It is also pleaded that there is drainage line passing through the land in question and encroachment of the land by the plaintiff will cause obstruction to drainage there. In replication the plaintiff has not denied that the land belongs to DDA, and the maiantenance of the colony has been handed over to M.C.D. by the DDA.