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2016 Supreme(Del) 4289

PRATIBHA RANI
RAJESH KUMAR – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
For the Appellant : Mr. Anil Anand
For the Respondents: Mr. Arun Birbal

JUDGMENT :

1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment of the First Appellate Court dated September 05, 2016. The First Appellate Court dismissed the Regular Civil Appeal of the appellant concurring with the finding of the learned Trial Court that the plaintiff was not entitled to a decree of mandatory injunction directing DDA to allot a flat to him which was booked by his father under NPRS Scheme, 1979.

2. The facts are not in dispute.

3. Sh.Sharwan Kumar Sahni, father of the appellant applied for a Janta flat of DDA under the New Pattern Registration Scheme (NPRS) vide registration Slip No. 10289 dated April 28, 1980. Sh.Sharwan Kumar Sahni expired on April 07, 1991 and during his lifetime no allotment was made by DDA. Sh.Sharwan Kumar Sahni was survived by his widow and children details of which is as under:

(i) Smt.Kewal Kumari - Wife.

(ii) Sh.Yogesh Kumar Sahni - Son

(iii) Sh.Rajesh Kumar - Son

(iv) Smt.Anju Kohli - Daughter

(v) Smt.Versha Sethi - Daughter

4. The mother of the appellant expired on January 25, 2012. It is admitted case of the appellant that during the lifetime of his father and mother, no communication was made to

















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