USHA GUPTA Vs. SUBASH CHAND TYAGI

JUDGEMENT

(1.) By this application under Order 7 Rule 11 CPC defendant has prayed that the plaint be rejected being barred by Section 185 of the Delhi Land Reforms Act, 1954 ("DLR Act", for short).

(2.) Plaintiff has filed this suit for possession against the defendant in respect of the land admeasuring 4120 sq. yds. forming part of khasra nos. 35/9/1, 35/9/2, 35/10 min, 35/12 min situated at Shankarpura, Kaushik Enclave, Village Burari, Nathu Pura Road, Delhi, more particularly, shown in green color in the site plan attached with the plaint.

(3.) Case of the plaintiff as set out in the plaint is that he was the owner of land admeasuring 5280 sq. yds. (approximately) forming part of khasra nos. 35/9/1, 35/9/2, 35/10 min, 35/12 min situated at Hoover Farm, Shankar Pura, Kaushik Enclave, Village Burari, Delhi. Plaintiff had sold a piece of land admeasuring 1160 sq yds. forming part of khasra nos. 35/12 min and 35/9/1 to the defendant on 10th August, 2005 and on the same day handed over the possession of the said land to the defendant. On 13th May, 2006 plaintiff came to know that defendant had sold 4120 sq. yds. abadi land shown in green color forming part of khasra nos. 35/9/1, 35/9/2, 35/10 min, 35/12 min situated at Shankar Pura (adjoining to the land admeasuring 1160 sq. yds., which he had sold to defendant) and had transferred the same to several persons, who had constructed rooms and boundaries over the said land of the plaintiff. A complaint was lodged with DCP (North) on 4th June, 2006, but no action was taken. In nutshell, case of the plaintiff is that the defendant has illegally sold the land admeasuring 4120 sq. yds. forming part of khasra nos. 35/9/1, 35/9/2, 35/10 min, 35/12 min to some unknown persons and such persons were trespassers/ unauthorized occupants on the land of plaintiff. In these facts, plaintiff has prayed for a decree of possession.