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2016 Supreme(Del) 2550

VALMIKI J.MEHTA
PHOOL SINGH – Appellant
Versus
NORTH DELHI MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
For the Appellant :Mr. Kirti Uppal, Sr. Advocate with Mr. Sushil Kumar Singh and Ms. Sahiba Pantel, Advocates.
For the Respondent:Mr. D.S. Mehandru, Advocate for MCD., Ms. Aishwarya Rao, Advocate for intervenors.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff against the concurrent Judgments of the courts below; of the Trial Court dated 4.2.2012 and the First Appellate Court dated 4.9.2013; by which the suit of the appellant/plaintiff for possession of the allotted plot nos. 243 to 246 (50 sq yds each) at Block-A, Bhalswa Dairy Complex, Delhi, was dismissed on two counts. The first count was that the suit was held to be barred on account of non-service of statutory notice by the appellant/plaintiff to the respondent/defendant as required under Sections 477 and 478 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as ‘the DMC Act’). The second count on which the suit was dismissed was that it was held that in view of the language of the Allotment Letter/Order dated 8.1.1988, Ex.PW1/1 in favour of the appellant/plaintiff, allotment is deemed to be cancelled as the plaintiff had not taken steps within three weeks for taking possession of the subject plots.

2. The facts of the case are that the respondent/defendant came out with a policy of allotment of alternative pl



















































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