The original parties involved in the case have long passed away, but the case was still being heard until recently. The court ruled that the case was not maintainable in its present form, meaning it could not continue in the way it had been filed.
NEW DELHI: A land dispute case that has been pending for 66 years has finally been decided by a city court in New Delhi.
The original parties involved in the case have long passed away, but the case was still being heard until recently. The court ruled that the case was not maintainable in its present form, meaning it could not continue in the way it had been filed.
The dispute began in 1959 when a man named Mohan Lal filed a plea, asking the court to issue a decree of mandatory injunction against property developers who he claimed had “interfered with his land” without his permission.
This was in relation to the construction of a colony. However, after decades of legal proceedings, the court ruled that the suit should be dismissed, as Mohan Lal was no longer in possession of the land in question.
The plaintiff’s request was only for an injunction, or an order to stop the developers, but the court pointed out that the developers had already gone ahead with building the colony.
Advocate Amit Kumar, representing the defendant, explained the situation: “The colony has already been built, making the prayer for restraining the developers infructuous.”
This essentially meant that the plaintiff’s request to stop the construction was no longer relevant, as the colony had already been completed.
In its ruling, the court referred to the fact that the defendants were involved in selling urban plots of land and were claiming ownership of the Mansarovar Garden Colony, which is located near Najafgarh Road.
The plaintiff had argued that the defendants had submitted a layout plan to the Delhi Development Authority (DDA) in 1957 for the development of the colony, and that this plan included Mohan Lal’s land without his consent. The court, however, pointed out that the plaintiff’s case did not include a request for possession of the land, but only sought an injunction. Therefore, the court decided that the suit could not proceed in its current form.
The judge ultimately dismissed the case, stating that the plaintiff had failed to prove his claim.
The court also noted, “It is submitted that defendants are engaged in the business of sale of urban plots of land and are holding out themselves as proprietor of colony namely Mansarovar Garden situated at Najafgarh Road.”
Despite the court’s decision to dismiss the case, the lawyer representing the defendants, Amit Kumar, expressed appreciation for the court’s efforts in resolving such a long-standing issue.
He remarked, “Credit must be given to the judge for taking the initiative to decide the case whose proceedings spanned around three generations.”
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