DELHI DEVELOPMENT AUTHORITY Vs. DIWAN CHAND & ORS

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 17th May, 2013 in RCA No.74/11/11 of the Court of Additional District Judge-5 (West)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant Delhi Development Authority (DDA) against the judgment and decree [dated 30th March, 2011 in Suit No.172/2006 of the Court of Civil Judge (West)] allowing the suit filed by the four respondents/plaintiffs against the appellant DDA for permanent injunction restraining the appellant/defendant DDA from demolishing any part of property bearing Municipal No.128A and 128/1, Village Kilokri, New Delhi without due process of law.

(2.) The counsel for the appellant/defendant DDA states that it is the plea of the appellant/defendant DDA in its written statement that the property of the respondents/plaintiffs is situated in Khasra No.738 of Village Kilokri which is an acquired land and vests in DDA. It is stated that according to the respondents/plaintiffs, their property falls in Khasra No.1232/716/1 of Village Kilokri and to which the appellant/defendant/DDA does not lay any claim.

(3.) Notwithstanding the limited controversy aforesaid which was to be decided, the following issues were framed in the suit on 16th September, 1997:-