ASHOK KUMAR Vs. MUNNI DEVI

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 17.5.2003 dismissing the suit for declaration and injunction filed by the appellants/plaintiffs. The impugned judgment holds that the suit ought to have been filed before the Revenue Courts under the Delhi Land Reforms Act, 1954 (hereinafter referred to as the Act?) and not before the Civil Court whose jurisdiction was barred as per Section 185 of the Act.

(2.) The facts of the case are that the appellants/plaintiffs claimed to have purchased the subject agricultural land by means of registered sale deeds and got themselves recorded as bhumidars/owners of the land. The land which is the subject matter of the dispute is as under:-

(3.) Legal heirs of defendant No.1(defendant No.1 being deceased) did not appear and were proceeded exparte. Defendant Nos.2 to 4 contested the suit and inter alia pleaded that the suit was barred under Section 185 of the Act and the Civil Courts had no jurisdiction to grant the reliefs as prayed for.