1. This order shall dispose of RSA No.226/2008 and RSA No.235/2008 filed against the judgment and decree dated 18.10.2008 (impugned judgment) passed by the first appellate court in RCA No. 24/2007 and RCA No.27/2007.

2. I have heard Mr. Samrat Nigam, the learned counsel for the appellant in RSA No.226/2008 and learned counsel for the appellant in the connected appeal RSA No.235/2008. I have also heard Mr. Rajiv Bansal, the learned counsel for the respondent/DDA.

3. Before dealing with the submissions of Mr.Samrat Nigam, the learned counsel for the appellant, it would be pertinent to give a brief background of the cases.

4. Both the regular second appeals arise out of Civil Suit No.594/2006. The said suit was filed by one Sh. Manmohan Krishan against two persons namely Sh.Rajiv Chopra and Sh.Subhash C.Gogia (defendant Nos.1 and 2 respectively) in which the DDA was also impleaded as defendant No.3. This suit was instituted on 24.05.1988.

5. Manmohan Krishan had filed a suit for perpetual injunction in which Riazuddin the present appellant was added as plaintiff no. 2, set up a case that he was residing in the premises in question namely K-16 and K-17, Hauz Khas in the capa