Valmiki J. Mehta, J.

1. This second appeal is filed under Section 100 CPC, 1908 by the Delhi Development Authority (DDA)/appellant/defendant impugning the concurrent judgments of the courts below; of the trial court dated 1.2.2002 and the first appellate court dated 29.8.2008; by which the appellant has been directed to mutate the suit property bearing Plot no.14, Naraina Industrial Area, Phase II, New Delhi in the name of the respondent-plaintiff without claiming the 50% unearned increase.

2. The facts of the case are that the suit property was leased out by the appellant to one M/s Asia Press. Against M/s Asia Press, there was a money decree and execution of the same, the suit property was put to auction on 12.11.1979. Plaintiffs/respondents were the highest bidders in the auction and therefore they purchased the rights of the JD/M/s Asia Press in the suit property. Appellant challenged the confirmation of sale in favour of the plaintiffs by means of filing objections in the executing court. The objections were dismissed by the order of the executing court dated 14.2.1980. For the sake of completion of narration, it may be stated that said objection of the appellant wa