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2008 Supreme(Del) 405

MUKUNDAKAM SHARMA, REVA KHETRAPAL
Jagmal (Deceased) Thr. LRs. – Appellant
Versus
MCD – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: R.L. Kohli, Adv.
For Respondents/Defendant: O.P. Saxena, Adv.

JUDGMENT

Reva Khetrapal, J.

1. The challenge raised in this Letters Patent Appeal is to the judgment and decree of the learned Single Judge dated 21.05.2003, passed in a suit for possession and mesne profits filed by the predecessors-in-interest of the appellants, plaintiffs in the suit, mainly on the basis of possession under Section 6 of the Specific Relief Act.

2. The essential facts may be briefly delineated first.

3. It is the case of the appellants-plaintiffs in the suit that since 1989, their predecessor-in-interest, one Shri Jagmal Singh who died during the pendency of the suit and prior to him, Shri Nathu Mai (his father), since 1977, owned and possessed the land comprised in Khasra No. 383 Village Tihar, New Delhi, measuring 4 bighas 9 biswas. Nathu Mai died on 5.02.1989 and thereafter-Jagmal Singh continued to hold, own and possess the aforesaid land though a.part of it was taken in the abadi and for road widening and thus the open land that remained with him was about 2 bighas. The land adjacent to the land of the plaintiff comprised in Khasra No. 1573 was in the possession of the Municipal Corporation and the Municipal Corporation had some Municipal Stores there. One C











































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