LAWS(DLH)-1991-2-23

AMAR SINGH Vs. JAI PARKASH

Decided On February 28, 1991
AMAR SINGH Appellant
V/S
JAI PARKASH Respondents

JUDGEMENT

(1.) This revision is directed against an order dated 11.5.87 of the learned Sub Judge, Delhi by which he decided a preliminary issue in favour of the plaintiff-respondents and against the defendant- petitioners.

(2.) The Respondent-plaintiffs filed a suit against petitioner-defendants for a declaration that the order of the Consolidation Officer, New Courts, This Hazari, Delhi in case No. 2763/CO dated 14.10.83 between Afool Chand etc. v. Charon Singh and that of the Director of Consolidation/Financial Commissioner Delhi in case No. 380/83-CA decided on 3.7.86 under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act) is null and void, illegal and in-operative qua the rights of the plaintiffs in respect of ownership and possession of Sqare No. 30 Kila No. 10 (3-0), I/I (8-7), Sqare No. 31 Kila No. 5/2 (1-10), in all measuring standard 6 bighas and 17 biswas situated in the revenue Estate of Burari, Delhi with the consequential relief of permanent injunction restraining the defendants from interfering in respect of the aforesaid land in any manner whatsoever.

(3.) Petitioners filed their written statement in which they also took up a preliminary objection that the suit was barred under Section 44 of the Act. The trial Court framed the following preliminary issue :