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2003 Supreme(Del) 429

J.D.KAPOOR
BADRI BHAGAT JHANDEWALAN TEMPLE – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
ALOK KUMAR, ANUSUYA SALWAN, L.R.GUPTA, R.P.Bansal

J. D. KAPOOR

( 1 ) THE applicant-Judgment Debtor (J. D.) is Delhi Development Authority. It has moved an application under Order 9 Rule 13 CPC for setting aside an ex parte decree passed on 22nd January,1990 restraining the applicant/jd from interfering with the posses sion, management and control of the respondent/ (Decree Holder) DH and their tenants/licencees and all others in possession of the suit premises on the premise that the respondent/dh became the owner in possession of the suit properties by purchasing the same from erstwhile various private owners through duly registered sale deeds from 1880 till 1905-06. Instead of accepting the decision with grace which stands on the edifice of overwhelming documentary evidence in the form of revenue records/sale dee s etc projecting the ownership of the respondent/dh with possession over the suit property since 1880, the applicant-DDA has taken upon itself the task of nullifying the ownership and possession of the respondent-DH on the strength of a stray entry of 18 7-98 in the revenue record in which `crown was shown as the owner but in 1909, the said entry was corrected by Mr. White, the then Head Assistant Commissioner as it was


























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