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DELHI HIGH COURT
PRATHIBA M.SINGH
Nathu Ram – Appellant
Versus
Delhi Development Authority – Respondent


JUDGMENT

Prathiba M. Singh, J.

Brief Facts

1. The Plaintiffs - Mr. Surat Singh and his son - Mr. Nathu Ram/Appellant herein (hereinafter "Plaintiff"), have filed a suit for perpetual injunction before the Senior Sub-Judge, Delhi, being Suit No.390/2006 titled Sh. Surat Singh & Anr. v. DDA.The case of the Plaintiffs was that they have been in possession as owners of 2,500 sq. yds. of land forming part of Khasra No. 48/7 in the revenue estate of Humayunpur, New Delhi (hereinafter "suit property"), since the time of their forefathers. The Plaintiffs claim to have constructed a house bearing no. 20-B, Krishan Nagar, on a piece of land measuring 800 sq. yds. in the said Khasra. The suit property, as per the site plan exhibited as Ex.PW1/1 consists of nine rooms, an open courtyard and a tin shed. As per the site plan, there is only one property i.e., B-20, located on the western side of the suit property. On the northern and eastern sides, there are roads and the southern side has a service lane. The relevant paragraphs 1 and 2 of the plaint read as under:

    "That the Plaintiffs are owners in possession of 2500 sq. yards in Khasra No. 48/7 in the revenue estate of village Humayunpur, New

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