V.K. SHALI, J.

1. This is a regular second appeal filed by the appellant against the judgment dated 07.04.2008 passed in RCA No. 123 of 2005. The first appellant court upheld the judgment/decree dated 01.04.2005 passed by the trial court by virtue of which the suit no. 0373/85 was decreed in favour of respondent/plaintiff.

2. Briefly stated the facts of the case are that a suit for permanent injunction was filed by the respondent/plaintiff against the appellant/DDA claiming ownership of the suit property being property measuring 45’ X 20’ (2 Biswa) forming part of Khasra No. 1275 in the village Tughlakabad. It was alleged in the plaint that on 29.04.1985 the DDA and its officials illegally started to demolish the suit property which was averted by timely intervention of the respectable person of locality. It was prayed in the aforesaid suit that the DDA and its officials be restrained from demolishing the suit property or in any way dispossessing or interfering with the possession of the respondent/plaintiff illegally and forcibly other than by due process of law.

3. The aforesaid stand of the respondent/plaintiff was vehemently contested by the appellant/DDA on the ground