MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY Vs. SHAMSHAD AHMED

JUDGEMENT

(1.) THIS appeal under Order 41 Rule 1 of C.P.C. filed by the appellant against the judgment and order dated 16.01.2002 in Suit No. 78 of 2000, M.D.D.A. Vs. Shamshad Ahmed & others passed by Fast Track Court/Civil Judge (S.D.), Dehradun whereby the application No. 3C/2 of the appellant was dismissed by the court below.

(2.) BRIEF facts of the case are that the plaintiff/respondents filed a suit before IIIrd Additional Civil Judge (S.D.), Dehradun for declaration of and damages against the defendants/appellants. The father of the plaintiffs - Haji Istiaq Ahmed had purchased the land shown in schedule 'A of the plaintiff vide sale deed dated 31.05.1943, 01.06.1943 and 27.09.1943. The father of the plaintiffs died in the year 1960 thereafter the land came with the Smt. Khatun Begam, wife of the deceased. On her death, the said land in question was inherited by the plaintiffs/respondents. 1/6 share of the disputed land was sold in auction on 19.07.1975 which was purchased by 'Tej Prakash. The land of Tej Prakash was purchased by the plaintiffs on 11.05.l982. Receiver was appointed for looking after the disputed land but the receiver did not look after the land properly due to which defendant No. 1 - M.D.D.A. took illegal possession of the land. The receiver also resigned, therefore, the plaintiffs have filed the suit for declaration and damages.

(3.) M .D.D.A. contested the suit and alleged that the land described in schedule 'B Khasra No. 402 belongs to Hari Singh. The said land was surplus land according to U.P. Urban Land & Ceiling Act, 1976 and has been allotted to the M.D.D.A. The defendant is owner in possession of the said land. It had no possession over the land of Khasra No. 40 and 42A.