UNION OF INDIA Vs. TARUN KUMAR KAKAR

JUDGEMENT

(1.) This second appeal is against the judgment dated 03.05.2017 passed in RCA 8/17 by learned ADJ-01 (South), New Delhi vide which the learned ADJ had dismissed the appeal against the judgment and decree in CS No.276/11 dated 18.04.2016 passed by learned SCJ-cumRC(South)/Saket Courts, New Delhi.

(2.) Before coming to this appeal it would be appropriate to state few facts on record.

(3.) The appellant herein in its written statement alleged the suit was bad on account of non-joinder of parties but this objection was dealt with by the learned trial court saying since Ganga Ram was left with no interest/right in the suit property hence was not a necessary and proper party in the present litigation and thus the issue was decided in favour of the respondent and rightly so. Admittedly, Ganga Ram or his descendant never raised any claim since 1959 in the subject property.