MUKUL MUDGAL, DEVENDER GUPTA
R. K. SHARMA – Appellant
Versus
ASHOK NAGAR WELFARE ASSOCIATION AND COMPANY – Respondent
( 1 ) POINTS arising for determination in these two appeals are identical, therefore, the same are being disposed of by common order. Learned counsel for the parties were heard at length both on question of condonation of delay in filing appeals and on merits of the appeals and we propose to dispose of the same by a common order. Facts in both the appeals are almost identical. Wherever necessary reference will be made to individual case, otherwise facts are being narrated from the record of rfa (OS) No. 35 of 2000 and the civil suit out of which this appeal has arisen.
( 2 ) ASHOK Nagar Welfare Association claiming to be a society registered under the societies Registration Act, 1860 filed two separate suits in the Original Side of this court in the month of January, 1991. Suits were registered as Suit No. 544 of 1991 and Suit No. 597 of 1991. In the first suit (S. No. 544/91) decree for possession was claimed against 48 defendants alleged to be unauthorised occupants of plots/ houses Nos. 99 to 174 being a plot of land measuring about 12 bighas being part of khasra No. 393/264, out of 151 bighas and 15 biswas situate in Ashok Nagar, Delhi as per site plan. It was all
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