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2018 Supreme(Del) 700

VALMIKI J.MEHTA
S. D. Rathi – Appellant
Versus
North Delhi Municipal Corporation – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajender Singh, Advocate.

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. Appl. No. 5035/2018 (for exemption)

1. Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

RFA No. 125/2018 and C.M. Appl. No. 5036/2018 (for stay)

2. This Regular First Appeal is filed by the plaintiff under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugning the judgment of the trial court dated 31.10.2017 by which the trial court has dismissed the suit filed by the appellant/plaintiff seeking recovery of compensation of Rs.15,20,380/- as also allotment of an alternative site in lieu of acquired land/property.

3. The facts of the case are that appellant/plaintiff pleaded that he was the owner in possession of property/plot no.3 admeasuring 107.5 sq. yards, falling in Khasra no.5/25/1 Village Nangloi Jatt, Delhi-41 abadi known as Friends Enclave Part-II, New Delhi, Sultan Puri Road. Appellant/plaintiff claimed to have purchased the suit property in terms of registered sale deed dated 1.3.2006. Appellant/plaintiff pleads that he is the doctor who ran his clinic from the suit property. On 2.1.2012 it was pleaded that officials of Municipal Corporation of Delhi (MCD) came and demolished and took possession of 28 sq.



































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