UMROA SMGH Vs. MAN SINGH

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent by Umrao Singh defendant appellant is directed against the judgement of learned Single Judge affirming on appeal the decisions of the Courts below wherby a decree for possession of the land in suit measuring 17 Bighas 9 Biswas, situated in village Barwala withinhe Union Territory of Delhi, was awarded in favour of Man Singh and three other plaintiff-respondents against the defendent-appeallant. The land in suit originally 'belonged to a Muslim who migrated to Pakistan. The land was consequently declared evacuee property and vested in the Custodian. The rehabilitation department allotted the land on permanent basis to Ranjit Singh as per order dated October 25, 1957. Sanad about the transfer of the right, title and interest acquired by the Central Government in the said land to Ranjit Singh was executed on October 29, 1957. Ranjit Singh sold the land to the plaintiff-respondents as per registered sale deed dated February 21, 1962 for a sum of Rs. 10,000.00. On July 16, 1965 the respondents filed suit for possession of the land in dispute against the appellant on the allegation that the appellant was in unauthorised occupation of the land.

(2.) The suit was resisted by the appeallant who pleaded that the civil Court had no jurisdiction to try the suit. The appellant claimed to be in lawful possession of the land. The validity of the sale by Ranjit Singh in favour of the respondents was challenged on the ground that Ranjit Singh was a Bhumidhar of the land and as such the sale contravened the provisions of . section 33 of the Delhi Land Reforms Act and the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act. 1948

(3.) Folowing issues were framed by the trial Court.-