MCD Vs. JAI SINGH & ORS

JUDGEMENT

(1.) This order is being passed in continuation of a detailed common order passed on 13.07.2017 and for purposes of background facts the said previous order will be treated as part of this order. Suffice it to note here that on the eviction petition (E-67/1986) instituted by the private party respondents an eviction order was passed by the Additional Rent Controller on 11.11.99 in respect of the subject property described as built up structure over the land in question i.e. plot no.2, Block B, Transport Area of Jhandewalan Estate, Desh Bandhu Das Gupta Road, Karol Bagh, New Delhi-110005, as shown in site plan (Ex.AW-1/14) against the petitioner Municipal Corporation.

(2.) The eviction order concededly became final and binding, it having been confirmed by order dated 23.09.2010 of the Supreme Court in appeal. The execution proceedings (Ex. 88/08) taken out in the wake of the said order are pending before the Additional Rent Controller. The first captioned appeal was filed seeking to assail two of the orders passed in the said execution proceedings, the Additional Rent Controller having disposed of the application under Section 151 of the Code of Civil Procedure, 1908 (CPC) of the decree holders by order dated 01.04.2014 observing, inter alia, that warrant of possession will have to be issued and that the report of the bailiff thereupon only could possibly show if there were any hurdles, there being no substance found in the objections of the judgment debtor (municipal corporation) on the plea that the land beneath and surrounding the said structure does not belong to the decree holder, it consequently not being possible to hand over the possession of the super-structure alone and the executing court having issued warrant of possession by subsequent order dated 08.04.2011 rejecting the objection about the execution petition being not maintainable for the reason copies of the site plan or decree were not filed therewith.

(3.) The private party respondents had also instituted, in 1980 a suit (suit No. 804/2006) seeking the relief of declaration to the effect of they being the owner of the subject property impleading Delhi Transport Corporation (DTC), Delhi Development Authority (DDA), Union of India, Estate Officer and Lieutenant Governor of Union Territory of Delhi as first to fifth defendants. The Municipal Corporation of Delhi (MCD) had moved an application seeking impleadment in the said suit under Order 1 Rule 10 CPC, which application was considered but dismissed by the Civil Judge by order dated 18.09.2012. It may be mentioned here that the contentions of the petitioner in the said application for impleadment in the civil suit were more or less same as the defences urged in the eviction case referred to above. The dismissal of the said application by the Civil Judge by order dated 18.09.2012 is the subject matter of challenge on the second captioned petition.