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2018 Supreme(Del) 2796

VALMIKI J.MEHTA
MAJOR RAJINDER SINGH CHIMNI (DECEASED) THR LR – Appellant
Versus
JAGMOHAN DILWARI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amarjeet Singh, LR

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 22.11.2016 by which the trial court has dismissed the suit filed by the appellant/plaintiff seeking the relief of damages of Rs.10 lakhs against the Municipal Corporation of Delhi and his neighbour//respondent no.2/defendant no.2 on the cause of action that illegal constructions have been made by the respondent no.2/defendant no.2 on her plot alongwith the builder/respondent no. 1/defendant no.1. Trial court has dismissed the suit by inter alia holding that the appellant/plaintiff has failed to prove any damages caused to his property, and therefore, the suit was liable to be dismissed.

2. The facts of the case are that the appellant/plaintiff is the owner of plot no.C-68, East of Kailash, New Delhi. As per the plaintiff, the respondents no.1 and 2/defendants no.1 and 2, in connivance with the respondent no.3/defendant no.3/municipal corporation, built a basement and structure in plot no. C-67, East of Kailash, New Delhi, in gross violation of the building Bye Laws. As per the appe
























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