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1995 Supreme(Del) 606

DEVENDER GUPTA
D. C. M. LIMITED – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Mr. Devinder Gupta, J.

( 1 ) THE defendant in this application has prayed tor rejection of the plaint on a number of grounds.

( 2 ) THE plaintiff is a public limited company incorporated under the Companies Act, 1913 and has filed the suit for grant of decree for declaration with consequential relief of injunction pertaining to property comprised in Khasra Nos-1613/153, 1614/152 and 1615/153, situated in Baghraoji, Delhi. In nutshell plaintiff s case is that in lieu of land comprised in Khasra Nos. 487 and 488 (part), owned by it, which was taken over by the Delhi Improvement Trust for public purposes for re-alignment of the Daryai Nala, plaintiff-company was allotted in exchange the suit land. Actual physical possession of the suit land was given to the plaintiff by the Delhi Improvement Trust on 4th February, 1942 and 15th March, 1943 and eversince the plaintiff-company has been in continuous, exclusive, uninterrupted possession and enjoyment of the suit land in exercise of its right as the owner thereof to the exclusion of all concerned including Delhi Improvement Trust and Delhi Development Authority. After narrating some facts, the plaintiff has challenged the legality and val









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