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2002 Supreme(Del) 1747

SANJAY KISHAN KAUL
KAILASH SAMRAT – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
R.N.Madan, Rajesh Banati, Sangita CHANDRA

Sanjay Kishan Kaul

( 1 ) THE petitioner has impugned the orders of the learned Additional District judge dated 13. 11. 2000and the learned Sub-Judge dated 16. 1. 1989 in terms where of the prayer of the petitioner for grant of interim injunction was declined.

( 2 ) THE petitioner had filed the suit for injunction restraining the respondent from dispossessing the peti tioner except in accordance with law and along with the suit an application for interim relief was filed. The factual matrix is limited inasmuch as one Shri Harbans Lal Samrat who was granted lease hold rights in pursuance to the lease deed dated 27th February, 1963 in respect of A-74, Outram lines, Kingsway Camp measuring 52 square yards at a concessional price since the petitioner was a refugee. The petitioners are the legal heirs of Shri Harbans Lal who has since expired. Shri Harbans Lal was running a restaurant under the name of samrat restaurant after obtaining a licence from the Municipal Corporation of delhi.

( 3 ) THE suit was filed by the petitioners who were apprehensive of the threatened action of DDA for demolition of the property and to dispossess the petitioners.

( 4 ) THE petitioners failed to produce













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