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2015 Supreme(Del) 2684

VIPIN SANGHI
Tek Chand (Since Deceased) Thr Legal Heirs – Appellant
Versus
Delhi Development Authority – Respondent


Advocates:
Advocate Appeared:
Mr. A.K. Singla, Mr. Abhimanyu Singh Khatri
Mr. Dhanesh Relan, Standing Counsel for respondent/DDA
Mr. D. Rajeshwar Rao, Mr. Charanjeet Singh for R-2/Gaon Sabha

JUDGMENT :

Vipin Sanghi, J.

1. The present second appeal is directed against the judgment and decree dated 30.08.2014 passed in RCA No.34/13/09, whereby the First Appellate Court, namely, ADJ (W), Tis Hazari Courts dismissed the first appeal preferred by the appellants/LRs of the original plaintiff. The said appeal had been preferred to assail the judgment and decree dated 08.09.2009 passed in Suit No.969/2006 preferred by the original plaintiff Sh. Tek Chand (since deceased), whereby the suit for permanent and mandatory injunction had been dismissed by the Trial Court, namely, the Civil Judge (W), Tis Hazari Courts, Delhi.

2. The original plaintiff had preferred the said suit on the premise that he was in possession of a plot admeasuring 1200 sq. yds out of Khasra No.27/17/1667 shown in red in the site plan annexed with the plaint. The plaintiff claimed to be in possession for over 50 years. He claimed to have constructed a house on the plot, and had claimed to be in peaceful enjoyment of the same with his family. He claimed that he had been paying the house tax in respect of the suit property.

3. The plaintiff claimed that he apprehended demolition of the built up structure on the su






























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