Valmiki J. Mehta, J (Oral)

1. This regular second appeal has been filed against the concurrent judgments of the courts below; of the trial court dated 22.10.2009 and the first appellate court dated 5.3.2012; by which the suit of the respondents/plaintiffs to the extent of injunction was decreed with respect to the suit land comprising of an area of 50’X201’ in village Samaspur Jagir, Delhi, however, the relief of declaration of ownership prayed by the respondents-plaintiffs with respect to this very land has been declined.

2. A reference to the impugned judgments shows that both the courts below have relied upon the demarcation report of the revenue official appointed as a Local Commissioner, and which is dated 7.1.2003, exhibited as Ex.PW4/C, showing that the area of 50’X201’ does not fall in the acquired land falling in K.Nos.48 and 49 as per the case of the appellant-defendant. The plot in question is found to have been located in K.No. 37/2 as was the case of the respondent/plaintiff.

3. I may note that originally the suit was dismissed by the judgment dated 30.7.1996, but in an appeal the appellate court remanded the matter in terms of the order dated 17.2.1997 with dir