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2015 Supreme(Del) 3167

PRATIBHA RANI
Delhi Development Authority – Appellant
Versus
Mohd. Razaq – Respondent


Advocates:
Advocate Appeared:
Mr.Sanjeev Rajpal, Advocate
Mr.H.L.Narula, Advocate

JUDGMENT

PRATIBHA RANI, J. (Oral)


1. The petitioner/DDA has filed the present petition impugning the order dated 4th June, 2013 passed by learned Executing Court in Ex.No.05/2011 as well as the order dated 7th July, 2014 passed by learned Appellate Court in MCA No.27/2013 upholding the order dated 4th June, 2013 passed by the learned Executing Court.

2. The grievance of the petitioner is that DDA has complied with the decree dated 22nd February, 2010 passed in RCA No.12/2009 allotting a plot to the decree holder but with direction to pay Rs. 33,40,220/-. The decree holder was never allotted any alternative plot hence allotment cannot be without payment nor there could be any question of restoration of possession without there being any allotment made in favour of the decree holder at any stage. Hence, the direction given by the learned Executing Court vide impugned order to withdraw the demand of Rs. 33,40,220/- and restore the possession to the decree holder, which has been maintained by the learned Appellate Court in MCA No.27/2013 being illegal and perverse, warrants interference by this Court in exercise of its extraordinary jurisdiction.


3. On behalf of the respondent/decree ho














































































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