SH. SUKHBIR SINGH Vs. SMT. BHAGYAWANTI AND ORS.

JUDGEMENT

(1.) THE challenge by means of the regular first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 29.1.2000 whereby the suit of the Appellant/Plaintiff has been dismissed as not maintainable by treating certain issues as preliminary issues. It has been held by the impugned judgment that the suit is barred both under Section 34 of the Specific Relief Act, 1963 and Section 185 of the Delhi Land Reforms Act, 1954.

(2.) AT the outset, I must note that it is conceded by the counsel appearing on behalf of the Respondents that the dismissal of the suit as not maintainable on the basis of Section 185 of the Delhi Land Reforms Act, 1954 is not correct because the lands in question are governed by the Punjab Land Revenue Act, 1887 and as per Section 45 of the Punjab Land Revenue Act, 1887 a suit lies in a civil Court challenging the mutation of the record of rights. The only issue, therefore, to be considered by me, in this appeal, is whether the suit is not maintainable as per proviso to Section 34 of the Specific Relief Act, 1963.

(3.) LATE Sh. Udai Singh had properties being agricultural land in village Barwala, Delhi as also residential house therein, and agricultural land in village Alipur, Delhi. Sh. Udai Singh is said to have died leaving behind his registered Will dated 6.11.1996. On the basis of this registered Will, the Appellant/Plaintiff got a lesser share in the properties of Udai Singh as compared to his other brothers and therefore the subject suit was filed in which the Appellant has claimed the following reliefs: