SH SATISH CHAND KAPOOR Vs. FINANCIAL COMMISSIONER DELHI

JUDGEMENT

(1.) The petitioner by this writ petition impugns the order dated 28th February, 1992 of the Financial Commissioner, Delhi. For better appreciation, hereinafter the facts are set out in chronological order.

(2.) The petitioner filed an application under Section 85 of the Delhi Land Reforms Act, 1954 for having himself declared as Bhoomidar of 36 bighas 17 biswas of land situated in the Revenue Estate of Village Samaspur Khalsa, Delhi. The respondent no.2 herein was impleaded as a respondent in the said proceedings. It was the case of the petitioner in his application under Section 85 (supra) that he had been in adverse possession of the land belonging to the respondent no.2 herein; that the respondent no.2 had failed to initiate ejectment proceedings against the petitioner within the prescribed time and hence the petitioner had become entitled to Bhoomidari rights of the said land. Notice of the said proceeding under Section 85 is stated to have been issued to the respondent no.2 herein. The process server is stated to have reported that the respondent no.2 herein refused to accept the notice. The respondent no.2 herein was proceeded against ex parte and the petitioner was declared as the Bhoomidar of the said land by the SDM/Revenue Assistant, Najafgarh, Delhi on 15th January, 1985.

(3.) The respondent no.2 herein on 12th October, 1987 applied before the SDM/Revenue Assistant for setting aside of the said ex parte order contending that he learnt of the order dated 15 th January, 1985 only on 27th September, 1987 and that neither was he ever served with the summons of the proceeding under Section 85 of the DLR Act nor had he refused to receive the same.