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1994 Supreme(Del) 757

D.K.JAIN, D.P.WADHWA
KRISHAN DEV SHARMA – Appellant
Versus
SOM DUTT SHARMA – Respondent


Advocates Appeared:
M.K.KRISHNAMURTHY, R.K.GARG, R.K.MAKHIJA, S.PAPPU

D. P. Wadhwa

( 1 ) THIS is defendants appeal against the judgment and decree dated 4 June, 1982 of the Additional District Judge, (Mr. B. B. Gupta), Delhi, wher by the suit of the plaintiff for possession was decree against the 425 defendants with costs. It was also decreed against defendant No. 1 for mesne profits @ Rs. 200. 00 per month from 5 July 1977, i. e. , the date of filing of the suit till delivery of possession. For convenience we will refer to the appellants as defendants and the respondents as plaintiff. The property in question is House No. A/ E-7, Tagore Garden, New Delhi, built on a plot held on prepetual leasehold basis by the plaintiff from the Delhi Development Authority (for short d. D. A/), an authority constituted under the Delhi Development Act, 1957. The. claim of the plaintiff in suit in brief was that he was owner of this property and the defendants were in unauthorised occupation of the same and the plaintiff also claimed pendente lite and future mesne profits. The defendants numbering eight were the mother, brothers and sisters of the plaintiff.

( 2 ) THE plaintiff purchased the perpetual leasehold rights of the plot in public auctionfromd. D. A. on l0 N














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