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2009 Supreme(Del) 117

A.K.SIKRI, MANMOHAN SINGH
Satish Kumar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Rajesh Yadav, Advocate
Ms. Monica Garg, Advocate for the UOI. Mr. Sanjay Poddar, Advocate for L&B Dept. of GNCTD. Mr. Lovkesh Sawhney, Advocate for the DDA. Mr. V.K. Tandon, Advocate for the EOW.

JUDGMENT

A.K. SIKRI, J.

1. Mahant Surendra Nath, who is the appellant in RFA (OS) No. 3/2008, was the plaintiff in the suit which was filed by him for declaration, possession and injunction. He wanted declaration to the effect that he is the lawful owner of suit property measuring 22.15 bighas of land in village Bahapur, Delhi. Decree of possession was sought seeking restoration of the possession of the said land which, according to him, has been unlawfully and illegally encroached upon by the DDA. Impleading Union of India as defendant No.1 and DDA as defendant No.2, the precise prayers made in the suit were as under :-

“(a) A decree of declaration declaring that the plaintiff is the lawful owner of the suit property measuring 22.15 bighas of village Bahapur, Delhi (22 bigha 15 biswas). (b) A decree of possession directing the defendant to restore the possession of the suit property to the plaintiff on as is where is basis. (c) A decree of mandatory injunction directing the defendant to remove the fencing, boundary wall, if any, before restoration of the possession to the plaintiff. (d) A decree of permanent injunction restraining the defendants from alienating, transferring



















































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