SH. BABU RAM Vs. MANGAT SINGH AND ORS.

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 13.10.1989 whereby the suit of the plaintiffs/Respondents/legal heirs of Ghasi was decreed by granting the relief of declaration with respect to the subject land that the possession thereof was not of the Appellants/purchasers from Smt. Khazano Devi, Smt. Chajia and Sh. Chander Bose and that the consent decree passed by the Court of Sh.R.P. Gupta, ADJ, Delhi was obtained by collusion. In essence, it was held that actual physical possession of the subject lands was with the legal heirs of Ghasi.

(2.) OUT of the issues framed by the Trial Court, two issues pertained to the jurisdiction of the Court and of the suit being barred by the principles of res judicata. These issues are issue Nos. 5 and 7 which read as under:

(3.) A reference to the plaint in the present case shows that Sh. Ghasi has not claimed any title to the land either by purchase from Lakhi, the original owner or by devolution from him or by purchase from the legal heirs of Lakhi. It is possible that Ghasi and his legal heirs may have (and I do not pronounce upon this in any manner) rights being devolved upon them under certain provisions of Delhi Land Reforms Act, 1954. This position is of course very vehemently disputed by learned senior counsel for the Appellants. Whether Ghasi and his legal heirs had or had not any title, was not an issue in the subject suit because neither was such a case made out in the plaint nor was the case argued on such basis. Since parties were ignorant of the decisions of the Supreme Court in the cases of Ramchandra Aggarwal and Bhinka (supra), the subject case was contested with respect to who was in possession, although, in view of the decisions in the case of Ramchandra Aggarwal and Bhinka (supra) this aspect was no longer open for being decided by a Civil court under Section 146(1)(1E). As already observed above, in view of the decisions of the Supreme Court, entitlement of Ghasi has necessarily to be on the basis of a legal right, title or interest to the subject lands.