Deepa Sharma, J.

1. This judgment will dispose of two appeals no. RFA no. 409/2004 (which challenges a common judgment and decree of the learned Additional District Judge dated 03.03.2003, in Suit nos. 1558/84 and 204/85) and LPA No. 58/2005 (which is an appeal by the Delhi Development Authority (DDA) directed against the judgment and order of a learned single judge dated 19.11.2004 in W.P.(C) No. 103/1986). The Municipal Corporation of Delhi (“MCD”) has preferred this appeal.

Facts in RFA No. 409/2004

2. In this appeal, DDA has challenges the judgment and decree of the learned Additional District and Sessions Judge (hereafter “the trial court”) dated 03.03.2003 disposing of two Suits, Nos. 158/2002 and 159/2002. Initially these suits were filed before this court as Suit nos. 1558/84 and 204/85. By order dated 23.08.1990 both suits were consolidated and Suit no.1558/84 was treated as the main suit. Thereafter, due to change in pecuniary jurisdiction of the court, both suits were transferred to the District Court by order, dated 03.10.2002. The suits were renumbered as Su