PRITAM SINGH MAKIN Vs. MUNICIPAL CORPORATION OF DELHI
HIGH COURT OF DELHI
PRITAM SINGH MAKIN
MUNICIPAL CORPORATION OF DELHI
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C.M.Nayar, J. -
(1.)The present second appeal arises from the judgment dated January 12, 1977 of the Additional District Judge, Delhi. The learned Judge allowed the appeal of the respondent-MCD and dismissed the suit of the plaintiff.
(2.)The appellant/plaintiff filed a suit for decree of possession of plot Nos. G.45 and G.46 forming part of Khasra Nos. 629, 802, 803, 839 and 840, village Tihar, Hari Nagar Extension shown in the plan Ex.P.5 filed with the plaint and for the recovery of Rs.2160.00 towards mesne profit as well as for pendente lite and future mesne profit for the use and occupation of the aforesaid plots by the respondent, M.C.D.
(3.)The appellant/plaintiff has stated in the plaint that he is the owner of the aforesaid plots; that he purchased the same from one Bans Gopal vide registered sale deed dated August 19, 1955; the appellant had been employed out of Delhi and during his absence in the year 1962 or so, the respondent Corporation illegally and wrongfully took possession of the plots and constructed some structures on the same and is alleged to be running a school. The respondent never obtained the permission and consent of the appellant and has acted without any authority of law and the action, accordingly, is llegal.
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