S. Ravindra Bhat, J.

1. In the present appeal, the judgment and order of 19.09.2012, dismissing CS 1085/1991, has been impugned.

2. The plaintiff – which has filed the present appeal (and is hereafter referred to as “DCM” or “the plaintiff” variously), claimed a declaration and decree for permanent injunction in respect of land situated at Baghraoji, Delhi. The DCM contended that some of its other lands were taken-over by the Delhi Improvement Trust as it was required for realignment of drain known as “Daryai Nala” and in exchange it was allotted the suit land. The plaintiff also stated that physical possession of the land allotted and made over to it was given sometime in 1942-1943 and ever since it was in continuous, exclusive and uninterrupted possession and enjoyment as the owner. The DDA initiated the proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, [hereafter referred to as “the 1971 Act”]. The notice under the 1971 Act was issued sometime in 1990 and proceedings were commenced by the DDA, the defendant thereafter. The Estate Officer proceeded with the matter. During the pendency of those proceedings, the DCM filed CS 1085/1991 claiming d