JUDGEMENT
A.K. Pathak, J. -
(1.)CM No. 9558/2012 (Delay).
(2.)APPELLANT filed a suit before the trial court praying therein that order dated 25th February/7th March, 1981, cancelling the perpetual sub -lease and ordering resumption of plot, be declared legal, valid and binding; decree dated 8th November, 1979 passed in Suit No. 518/79 titled Shri Tejpal Singh vs. Mahabir Singh be declared as fraudulent, collusive, illegal having no legal consequences; decree of declaration that judgment dated 23rd April, 1998 passed in RCA 116/90 was contrary to law and facts on record and was not binding and that respondent nos. 1 to 3 be restrained from transferring, alienating or parting with possession of suit property in any manner. After the trial, suit of appellant has been dismissed vide judgment and decree dated 14th December, 2009 passed by the trial court.
Aggrieved by the aforesaid judgment and decree appellant has preferred this appeal on 17th May, 2012. There is delay of 788 days in filing the present appeal, which has been sought to be condoned on the grounds as mentioned in the application for condonation of delay, which will be discussed later, after giving brief background of the case which has a checkered history.
(3.)PREDECESSOR -in -interest of respondent nos. 1 to 3, namely, Shri Mahabir Singh was allotted a plot no. 63 admeasuring 300 square yards by Serai Julliana Cooperative House Building Society Limited (presently known as Sukhdev Vihar, New Delhi) since he was member of the said society. The society was allotted land by the Land and Building Department, Delhi Administration. Shri Mahabir Singh became member of the said society in the year 1961. Allotment was made sometime in the year 1975. Land and Building Department of Delhi Administration executed a perpetual lease deed dated 31st March, 1975 in favour of Shri Mahabir Singh. Later on, Lt. Governor of Delhi cancelled the allotment on the ground that Mahabir Singh submitted wrong affidavit that he was not having a property; whereas he owned property at Lajpat Nagar.
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