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2021 Supreme(Del) 698

V. KAMESWAR RAO
Nand Kishore – Appellant
Versus
DDA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.C. Mittal, Adv. with Mr. Yugansh Mittal, Mr. Sanjay Kumar & Mr. Ashish Ranjan, Advs.
For the Respondent: Mr. Sanjeev Sagar, SC for DDA with Ms. Nazia Parveen, Adv.

JUDGMENT :

V. KAMESWAR RAO, J

1. This appeal has been filed by the appellant/plaintiff, challenging dismissal of the Suit numbered CS 476266/2015 filed by him, vide the judgment and decree dated December 9, 2016 with the following prayers:

    “It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside, modify judgment and decree dated 09.12.2016 passed by Shri G.N. Pandey, ADJ-02 (NE), Karkadooma Courts, Delhi, in CS No. 476266/2015 titled "Nand Kishore vs. DDA", in the interest of justice.”

2. The appellant/plaintiff had filed a suit before the Trial Court seeking a relief of mandatory injunction against the respondent/defendant and further sought conversion of temporary lease to a permanent lease of a land granted for agricultural purpose in favour of late Mohan Singh (father of the appellant) being 7 bighas in Khasra No. 69/2 located in Village Ghonda Chauhan Khadar which is now known as Plot No. 32, F Block Shashtri Park, Delhi (‘suit property’ for short).

3. Initially the respondent acquired land from 32 farmers in Mauja Chiragah Sumali a

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