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CASE NO.:

Appeal (civil) 1893 of 2008

PETITIONER:

Chander Kanta Bansal

RESPONDENT:

Rajinder Singh Anand

DATE OF JUDGMENT: 11/03/2008

BENCH:

Dr. Arijit Pasayat & P. Sathasivam

JUDGMENT:

JUDGMENT

CIVIL APPEAL NO. 1893 OF 2008

(Arising out of SLP (C) No. 6892 OF 2007)

P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the order dated

22.11.2006 passed by the learned single Judge of the High

Court of Delhi in C.M. (Main) No. 136 of 2005 whereby the

High Court allowed the petition filed by the respondent herein.

3) Brief facts:

The appellant and the respondent, being members of Adarsh

Bhawan House Building Cooperative Society, Delhi were

jointly allotted a plot bearing No. 13/20, Punjabi Bagh

Extension, New Delhi admeasuring 426 sq. yds. vide perpetual

lease deed dated 12.05.1981. After the allotment, the plot

was partitioned with the mutual consent of the parties. The

front portion was allotted to the appellant and the back

portion was allotted to the respondent. The appellant raised

construction in the year 1983 and completed the same in the

year 1984. The respondent also