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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 24.05.2016

Decided on: 20.04.2017

+ RFA 409/2004, C.M. APPL.9099/2004

D.D.A. & ORS. ..... Appellants

versus

RAM KAUR & ORS. ..... Respondents

+ L.P.A no. 58/2005, CM No. 749/2005, 7754/2013, 7727-7729/2016

MCD .......Appellant

versus

D.R. Parashar & Ors .......Respondents

Present:

Ms.Mini Pushkarna, Standing counsel for appellant/

North DMC in Item no.5.

Ms.Shobhana Takiar, Advocate for DDA.

Ms.Shalini Kapoor, Ms.Promil Seth, Ms.Ruhini Dey

and Mr.Dikshant Khanna, Advocates for respondents in

item no.4.

Ms.Asha Jain Madan and Ms.Nivedita Grover,

Advocates for respondent Mr.D.R.Parashar.

Mr.Sanjay Kumar Pathak, Mrs.Kiran Kaomudi Pathak,

Mr.Sunil Kumar Jha and Mr.Kushal Raj Tater,

Advocates for R-5 in item no.5.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MS. JUSTICE DEEPA SHARMA

MS. JUSTICE DEEPA SHARMA

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1. This judgment will dispose of two appeals no. RFA no. 409/2004

(which challenges a common judgment and decree of the learned

Additional District Judge dated 03.03.2003, in Suit nos. 1558/84 and

204/85) and LPA No. 58/2005 (which is an appeal by the Delhi

Development Authority (DDA) directed against the judgment and order of

a learned single judge dated 19.11.2004 in W.P.(C) No. 103/1986). The

Municipal Corporation of Delhi (“MCD”) has preferred this appeal.

2. In this appeal, DDA has challenges the judgment and decree of the

learned Additional District and Sessions Judge (hereafter “the trial court”)

dated 03.03.2003 disposing of two Suits, Nos. 158/2002 and 159/2002.

Initially these suits were filed before this court as Suit nos. 1558/84 and

204/85. By order dated 23.08.1990 both suits were consolidated and Suit

no.1558/84 was treated as the main suit. Thereafter, due to change in

pecuniary jurisdiction of the court, both suits were transferred to the

District Court by order, dated 03.10.2002. The suits were renumbered as

Suit Nos. 158/2002 and 159/2002. They were were also consolidated. Suit

No.158/2002 is a suit for injunction filed by Ram Kaur and others

(hereinafter referred to as "plaintiffs") against DDA, in respect of Plot nos.

17 and 18, Block 27 Shakti Nagar. In Suit no.159/2002, the plaintiffs

claimed damages against D.D.A for demolition of structures on those plots.

Both the suits were decreed in favour of the plaintiffs by judgment dated

03.03.2003.

3. In both these suits, the plaintiffs contend that one of them, i.e. the first

plaintiff (Ram Kaur- referred to hereafter by name, as such) had purchased

an area measuring 72.92 sq. yards with two kuchha pucca rooms on Plot

No. 17/27 Shakti Nagar from Amna Bi by a registered sale deed dated

24.11.1981. To purchase some more portions, Ram Kaur and Gulam

Moinuddin son of Sh. Shiekh Qayam Uddin entered into an agreement for

purchase of the property from him. On Moinuddin’s refusal to execute the

sale deed, Ram Kaur filed Suit no. 604/1981 titled Smt. Ram Kaur vs.

Gulam Moinuddin for specific performance of the said agreement to sell.

That suit was decreed on 17.05.1982 and Gulam Moinuddin executed a sale

deed dated 10.11.1982 in favour of Ram Kaur, for a portion measuring 75

sq. yards which had a room, one store and two temporary jhuggis built over

it, after obtaining necessary permission for execution of the sale deed from

Competent Authority under Urban Land (Ceiling and Regulation Act); the

permission was given after issuing notices to MCD and DDA. Ram Kaur’s

name was mutated in the MCD’s records (in respect of Plot n