LAWS(DLH)-2021-11-218

CHANDER BHAN Vs. FINANCIAL COMMISSIONER

Decided On November 30, 2021
CHANDER BHAN Appellant
V/S
FINANCIAL COMMISSIONER Respondents

JUDGEMENT

(1.) Heard learned counsel for parties.

(2.) The present petition raises a challenge to an order of 4/4/2019 passed by the Financial Commissioner. The Financial Commissioner has principally upheld the claim of the respondents here who sought eviction of the petitioners in light of the provisions contained in Sec. 84 of the Delhi Land Reforms Act, 1954 [the DLR Act]. The proceedings are stated to have been commenced consequent to a suit instituted by the respondents for the eviction of the petitioners. That claim referred to the cause of action as having arisen on 27/4/1998 when according to the respondents, the petitioners here forcibly entered into and encroached upon the suit property. The plaint in paragraph 8 recites that the petitioners here forcibly entered the premises between 14/4/1988 and 27/4/1988.

(3.) The petitioners here have set up a case that their predecessors came to be inducted in possession by virtue of an oral sale which was pronounced in their favor by the predecessors of the respondents in 1970. They also placed reliance on certain lists which were drawn in the course of consolidation to contend that their occupation of the suit property was duly recognised in the course of those proceedings.