NAJMI WAZIRI, J.

1. By this judgment, the Court shall adjudicate upon Issue no. (i) which was treated as the preliminary issue out of the 10 issues framed on 29.05.2013. The preliminary issue read as under:

(i) Whether the present suit is barred by res-judicata or otherwise on account of the order dated 27.07.2000 of the Supreme Court in CA No. 4246/2000 titled Poonam v. Municipal Corporation of Delhi & Ors., ? OPD-1

2. The plaintiff claims the following reliefs in the suit:

“(a) Pass a decree of declaration declaring that plaintiffs and Dr. Malti Garg are owners in possession of the freehold plot of land bearing No. 23 (New), Category II, Group B, measuring 399.93 square yards Kalindi Colony in Village Kolokari, Delhi acquired for valuable consideration by virtue of Sale Deed dated 7.10.1965 duly registered on 13.10.1965 with the Sub Registrar, New Delhi, Sub District III as document No. 6494 in additional book No. 1 filing no. 1405 on pages 62-65. Further declaring that plaintiffs and Dr. Malti Garg are entitled to use occupy, possess and enjoy the same as permissible by law without any obstruction, interference from the MCD and the MCD has no right, title or interest in th