M.L. Mehta, J.

1. This is a suit for declaration, injunction and damages. It was initially filed against the Municipal Corporation of Delhi (MCD). Subsequently, vide order dated 02.08.2006, the Janak Park Plot Holders Welfare Society (Regd.) was impleaded as “Defendant No. 2” (hereinafter referred to as the “Society”). The plaintiff is stated to be owner in possession of house No. W Z 406/R, Janak Park, Hari Nagar, Clock Tower, situated over plot No. 43 out of Khasra No. 1496, Village Tihar, New Delhi. Land of the said plot is stated to be admeasuring 427.5 square yards. He stated to have purchased this land vide registered conveyance deed dated 28.03.1963 executed by Assistant Settlement Commissioner, Ministry of Rehabilitation, Govt. of India. His case is that he raised pucca construction on 220 square yards and thereafter built two rooms on additional area of 100 square yards and left vacant remaining area of 107.5 square yards. A Civil Suit for permanent injunction being suit No. 278/1995 was filed by him against one Anil Maria in Civil Court in respect of the vacant area of 107.5 square yards. In the said suit, on 21.07.1995, the Civil Judge passed order of status q