VALMIKI J. MEHTA, J.

C.M. Appl. No. 7515/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

RSA No. 64/2017

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the concurrent judgments of the courts below; of the Trial Court dated 26.7.2013 and the First Appellate Court dated 17.11.2016; by which the suit for possession, injunction and damages filed by the appellant/plaintiff was dismissed. The suit property is situated as per the plaint in khasra no.3 of village Joga Bhai, Tehshil Mehrauli, New Delhi. The area of the subject khasra number which is in dispute is an area of 800 sq. yards.

2. Respondents/defendants filed their written statement pleading that appellant/plaintiff was not the owner of khasra no.3 as khasra no.3 was never allotted to the appellant/plaintiff. More importantly, it was pleaded by the respondents/defendants that the suit property was said to be situated in khasra no.3 and of which the appellant/plaintiff claimed ownership, but the suit property was actually located in khasra no. 52. It was further pleaded that one Shankar,