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2020 Supreme(Del) 507

YOGESH KHANNA
Prem Lal – Appellant
Versus
Deepak Badhwar – Respondent


Advocates Appeared:
For the Appellant :Mr. Abhinav Hansaria, and Mr. Nikhil Sharma, Advocates
For the Respondent:Ms. Deepika V. Marwaha, Ms. Gayatri Puri, Ms. Kalpana, Mr. Alok Pandey, Ms. Raunika Johar, Advocates

JUDGMENT :

YOGESH KHANNA, J.

1. This appeal is preferred by the appellants against the judgment and preliminary decree dated 25.01.2018 passed by the learned Additional District Judge-5, South District, Saket Courts, New Delhi (hereinafter referred as the learned “Trial Court”) in CS No.7746/2016 whereby the suit filed by respondent for possession and mesne profit was decreed for the relief of possession against the appellants.

2. The dispute pertains to a part of land in property bearing No.Y-84, Hauz Khas, New Delhi–110016, admeasuring 800 square yards (668.90 square meters) hereinafter referred as the “disputed property”.

3. The facts in brief and as alleged are - on 27.11.1963 the DLF Housing and Construction Private Limited executed a sale deed in favour of one Smt. Dhanwanti in respect of the disputed land and in the year 1970 the appellants came in possession of the part of the disputed property admeasuring 113.70 square yards (95.06 square meters) (hereinafter referred the “suit property”) as servants and are in uninterrupted and exclusive possession thereof.

4. In the year 1976 the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "Act"), was enacted

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