The Suit

1. Briefly stated the case of the plaintiff is as under:

The plaintiff is a private limited company engaged in the business of construction of buildings. On 28.11.1972 lot No. 95, District Centre, Nehru Place, New Delhi (hereinafter referred to as the suit property) was put to auction by defendant No.1 (DDA) and the plaintiff offered a premium of Rs. 16,06,000/- for the suit property measuring 743.22 sq. mts. The plaintiff was declared the successful bidder. The bid was accepted by defendant No.1 and the possession of the suit property was delivered to the plaintiff on 5.3.1973. A building thereon was constructed. The plaintiff is in continuous peaceful possession of the suit property. The plaintiff is not in possession of the conditions of auction. The plaintiff believes that the conditions were the same as was for a property in respect of which another suit being Suit No. 409/1973; M/s. Vishal Builders (P) Ltd. v. DDA was filed. In the suit one of the questions for determination was what the nature of the land for which the bids were invited by auction was and if it was Nazul land whether DDA had right to sell. It was held by the High Court that the auction