MOHINDER SINGH(DEAD) Vs. NARAIN SINGH

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dtd. 22/11/2012 passed by the Division Bench of the High Court of Delhi holding that once the rural area is urbanized by issuance of a notification under Sec. 507(a) of the Delhi Municipal Corporation Act, 1957(hereinafter being referred to as the "Act 1957"), it ceases to be governed by the provisions of the Delhi Land Reforms Act, 1954(hereinafter being referred to as the "Act 1954") in sequel thereto and held that the proceedings under Act, 1954 were non est leaving the parties to agitate their claims/disputes before appropriate fora clarifying that all pleas in law shall remain available to the parties before the appropriate forum.

(2.) The facts in seriatim as manifest from the record are that one Maman Singh who was a recorded Bhumidhar of the land admeasuring 4 Bighas 18 Biswas in Khasra No. 6/19/2 M in village Samepur, Delhi as alleged, sold the land to one Bhai Ram vide registered sale deed dtd. 9/3/1970. The respondents Narain Singh and Som Dutt have purchased 2 Bighas 18 Biswas and 2 Bighas respectively from Shri Maman Singh by a registered sale deed dtd. 4/5/1989. Later, they applied for mutation under Act, 1954 and their names were mutated on 31/5/1989.

(3.) It has been pleaded by the appellants that before the registered sale deed dtd. 4/5/1989 came to be executed by Maman Singh in favour of the respondents herein and their names were mutated on 31/5/1989, the appellants had come into possession over the subject land. The appellants later challenged the mutation order dtd. 31/5/1989 opened in favour of the respondents claiming adverse possession by filing appeal under Sec. 64 of the Act 1954. After certain rounds of litigation, the Financial Commissioner set aside the order of mutation passed in favour of the respondents by Order dtd. 10/2/1995 holding that the transfer was in contravention of Sec. 33 of the Act, 1954 and further ordered the land in dispute to be vested in Gaon Sabha.