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2013 Supreme(Del) 1342

JAYANT NATH
Razia Begum – Appellant
Versus
Delhi Development Authority – Respondent


Advocate Appeared:
For the Plaintiff:S.D. Ansari, I. Ahmed, G.D. Ahmed, Advocates.
For the Defendants:D1, Rajesh Mahajan, Rajat Agnihotri, D4, Sanjay Poddar, Senior Advocate with Govind Kumar, Ms. Navlin Swain, Advocates.

Judgment :

Jayant Nath, J.

1. This is an application filed by defendant No. 4 under Order 7 Rule 11 CPC seeking dismissal of the suit as barred by law.

2. It is the contention of the applicant that the present suit is hit by Article 56 of Schedule 1 read with Section 3 of the Limitation Act. He submits that the documents under challenge in the suit are required to be challenged within three years from the date of its execution. Hence, it is stated that the suit for cancellation of the two documents is hopelessly barred by limitation on the face of it and cannot be entertained.

3. The plaintiff has filed the present suit seeking a decree of declaration declaring letter dated 20.03.1993 by which possession of Flat No. 4115, C-4, FF, Vasant Kunj, New Delhi was handed over by defendant No. 1-DDA to defendant No. 2 as illegal, null and void, a decree of possession for the said flat against the defendants and a decree of permanent injunction against the defendants pertaining to the said flat.

4. The brief facts which have led to the filing of the present suit as stated in the plaint are that a self-financing scheme was floated by defendant No. 1 in 1982. The plaintiff got herself registe












































































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