MUNICIPAL CORPORATION OF DELHI Vs. ASHOK KUMAR MISHRA
LAWS(DLH)-2007-5-21
HIGH COURT OF DELHI
Decided on May 03,2007

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
ASHOK KUMAR MISHRA Respondents

JUDGEMENT

- (1.) THE appellant is the municipal Corporation of Delhi which had taken on rent the suit premises namely property bearing nos. 63-64 and 69 to 72 of Katra barian, Fateh Puri, Delhi from one M/s. Hazi mohd. Yunus and Co. at monthly rent of Rs. 73. 75 ps. The MCD was running a municipal school over this property which was a single property, though different numbers were assigned. The said school was in existence till 1970. The MCD itself declared this property as dangerous property and demolished the same in the year 1970. The school was also shifted to some other place. The erstwhile owner have sold this property to the respondents herein in 1996.
(2.) ACCORDING to the respondents, after the demolition of this property by the MCD in the year 1970, the MCD had surrendered the tenancy. New structure was constructed thereon. Possession whereof was being enjoyed by the then owner and after the purchase of the said properly vide sale deed dated 15-2-1996, the respondents started residing in this properly. However, the MCD wanted to interfere in the said possession and grab the possession illegally on the purported ground that it was still the tenant in this property. Therefore, the respondents were constrained to file the suit No. 319/ 2003 for declaration and perpetual injunction.
(3.) THIS suit has been decreed by the learned trial Court vide judgment and decree dated 8-6-2004. Feeling aggrieved, the present appeal is filed by the appellant/ mcd. We had summoned the record and have gone through the same.;


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