Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 18 Civ Suit 618/24
SHRI MOHD. YASIN
Vs.
DELHI URBAN SHELTER IMPROVEMENT BOARD
16/12/2025
Present: Mr. Aziz Ullah, Mr. Neyaz Ahmad and Mr. Tarun
Kumar Pandey, Ld. Counsels for the plaintiffs.
Mr. Shiv Dutt Kaushik, Ld. Counsel for the
defendants/DUSIB.
Proposed defendant Puran Lal in person.
An application under Order 1 Rule 10 of CPC filed
on behalf of proposed defendant, application under Order 7 Rule
11 of CPC filed on behalf of defendant and application under
Order 39 Rule 1 & 2 of CPC filed on behalf of plaintiffs, is
pending disposal.
Reply to application under Order 1 Rule 10 of CPC
not filed. Reply to application under Order 7 Rule 11 of CPC be
supplied to the defendant today itself.
Ld. Counsel for plaintiffs has relied upon order of
Hon’ble High Court of Delhi dated 28.02.2013 in the case titled
as ‘Puran Lal Versus Mohd. Sadiq & Others’. It is submitted that
the aforesaid case was filed by the proposed defendant against
the father of the plaintiffs stating that he is the owner of the Suit
Property praying qua the possession of the same. The said Suit
was dismissed and the first Appeal, second Appeal and the SLP
filed before the Hon’ble Supreme Court of India was also
dismissed. It is submitted that the Trial Court had observed that
Puran Lal was not the owner of the Suit Property and he had
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executed the document of transfer in favour of the father of the
plaintiffs.
Ld. Counsel for the defendant no. 1 and 2 i.e DUSIB
submits that DUSIB was not a party in the said Suit. It is further
submitted that the Suit Property is built on the land of the
DUSIB, the original allottee of the said land was Bihari Lal,
father of Puran Lal on license basis. Copy of the allotment
receipt, rent receipt and terms of allotment have been filed today.
It is further submitted that by following due process of law,
DUSIB has issued notice under Section 41 of DUSIB Act for
eviction, the plaintiffs have filed an appeal before the Director
which was dismissed and thereafter, the second Appeal filed
before the Lieutenat Governor of NCT of Delhi has also been
dismissed on 26.11.2025. Copy of order is filed today. It is
further argued that the present Suit is barred under Section 45 of
DUSIB Act and 37-A of Slum Area and Improvement Act, 1956.
Arguments have been heard on application under
Order 7 Rule 11 of CPC.
At this stage, Ld. Counsel for the defendant has
reiterated the submissions made by him on the LDOH and states
that the defendant will not take any coercive steps against the
plaintiffs till the next date of hearing.
Now to come up orders on the aforesaid application
under Order 7 Rule 11 of CPC on 19.01.2026.
(TANIA SINGH)
SCJ-cum-RC (North-East)
KKD Courts-16/12/2025
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