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2023 Supreme(Del) 183

CHANDRA DHARI SINGH
Jai Parkash Tyagi – Appellant
Versus
MCD – Respondent


Advocates Appeared:
For the Appellants : Mr. Arvind Kr Varma with Mr. Anirudh Bakhru, Ms. Umang Tyagi, Ms. Natasha Dalal and Ms. Samridhi Sharma, Advs.
For the Respondent: Mr. Dhanesh Relan with Mr. Arindam Dey, Advs.

JUDGMENT :

[Chandra Dhari Singh, J.]

1. The instant regular first appeal under Section 96 of the Code of Civil Procedure, 1908, has been filed on behalf of the appellants who are aggrieved by the impugned judgment passed by the Additional District Judge, Delhi (hereinafter “Trial Court”) dated 3rd May 2007 in suit bearing no. 300/2004 titled ‘Sardari Lal Tandon & Ors. vs. Municipal Corporation of Delhi’ whereby the suit for possession and recovery of damages initiated by the plaintiffs therein, including the appellants, was dismissed.

FACTUAL MATRIX

2. A perusal of the record unravels the following facts that have culminated into the controversy which falls for consideration before this Court:-

    i. The entire matter pertains to land comprised in Khasra No. 262/258/217/4 of Village Bharolla, which came to be urbanized and be numbered as plots bearing no. C408, C409, C342 and C343, Majlis Park, Delhi (hereinafter “Suit Property”). The plaintiffs before the Trial Court moved the District Court seeking possession in respect of the said plots alongwith damages of Rs.20,000/- per month and damages pendente lite from the date of suit till the delivery of possession. The appellant no. 1, bein

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