VALMIKI J. MEHTA, J.

CM No. 4433/2018(Exemption)

Exemption allowed subject to just exceptions.

CM stands disposed of.

CM No. 4434/2018(Delay in re-filing)

For the reasons stated in the application, delay in re-filing is condoned.

CM stands disposed of.

RFA No. 113/2018 & CM No. 4432/2018 (stay)

1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the defendant in the suit impugning the judgment of the trial court dated 30.3.2017 by which the trial court has decreed the suit for possession in favour of the respondent/plaintiff and against the appellant/defendant with respect to the suit property admeasuring 62 sq. yds situated in Khasra No.230, in the Revenue Estate of Village Shikar Pur, Delhi as shown in the site plan Ex.PW1/3.

2. The subject suit was filed by the respondent/plaintiff for possession and injunction against the appellant/defendant with respect to the suit property pleading that he was allotted the suit property by the Gaon Sabha inasmuch as respondent/plaintiff was a landless person. The land was allotted in consolidation proceedings in the year 1971-72. Appellant/defendant is pleaded to be a land grabber of the villa