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(iv) Both PW-1 & 2; were not cross examined by the respondent. 

        Contrary            to          this          for       the
defendant/MCD,       DW1    Sh.       Kirpal    Singh       deposed
that   suit      plot         belonged          to     Municipal
Corporation      of        Delhi.              The     Municipal

Corporation of Delhi has raised boundary wall on three sides and one side has open space adjoining flat No.35 & 36, Dilshad Garden, Municipal Quarter Delhi. The plaintiff had encroached upon a MCD land by way of erecting and running dairy without having any licence under section 417 of DMC Act. There is MCD board on land and plaintiff has no right on the suit plot whatsoever. He proved report and site plan prepared by Land and Estate Department and ZA © Shahdra, copy of the same as Ex.DW1/1. In cross-examination he could not tell if there was any boundary wall around the ­:9:­ colony of MCD quarters. The MCD board installed about 1 or 2 paces away from the disputed land. There are MCD quarters built in a row.