RAVI SOMANI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition is directed against dismissal of an application under Section 151 for granting injunction during pendency of an application under o. 39 r. CPC.

(2.) Firstly, the brief factual matrix. According to the case of the petitioner D.D.A. officials visited the suit property on 7.3.89 and threatened to demolish and then again DDA officials came on 12.4.89 and threatened to demolish the same property bearing No. 3198/1, Ward No. XV, Mohalla Sangtrashana, Paharganj, New Delhi. It is a wakf property and the plaintiff is lessee in respect of the land on Rs. 50.00 per month. Superstructure thereon belong the plaintiff/petitioner since 1947, as it .was purchased from Dr. Mahinder Singh. It is assessed to house tax in his name, and he has now a lease from Delhi Wakf Board also. D.D.A. has nothing to do with the property. In this context application for injunction has been moved.

(3.) D.D.A. has delayed in Filing written statement and reply from 14.3.89 till 30.5.89. The petitioner moved an-application u/s. 151 Civil Procedure Code . for injunction restraining D.D.A; from demolishing the said property. Learned Trial Court instead of granting injunction has issued notice for 28.4.89. D.D.A. has not Filed any reply till then. Learned Trial Court has rejected the application on 28.4.89 mentioning therein that notification shows that the property is a religious property, the notiFication was not binding on D.D.A. and no suit could be filed in respect of wakf property by any person without permission of the Wakf Board u/s. 55 of the Act.