KASTURI Vs. GAON SABHA

JUDGEMENT

(1.) This appeal is by special leave and the sole legal representatives of the original plaintiff is in appeal.

(2.) The plaintiff sued for declaration that inclusion of the disputed property in the land records of the respondent Gaon Sabha on the basis that it had vested under the provisions of the Delhi Land Reforms Act, 1954 (hereinafter referred to as 'the Act') was wrong, void and without jurisdiction and for a further declaration that she was entitled to bhumidari rights in the property under S. 11 of the Act. Her suit was decreed in the trial court and the said decree was affirmed in appeal but at the instance of defendant 1, Goan Sabha, the High court in second appeal reversed the decrees of the courts below and dismissed the suit.

(3.) The suit was instituted on 16/08/1966. The decision of this court in the case of Hatti v. Sunder Singh settled the legal position that a claim under S. 11 of the Act for declaration of bhumidari right was not maintainable in the civil court in view of S. 185 of the Act read with Schedule I and exclusive jurisdiction for adjudication of such claims vested in the appropriate Revenue court. This position of law is not disputed before us. In regard to the relief of bhumidari rights the High court had. therefore, rightly held that the plaintiffs suit was not maintainable.