GYANENDER SINGH Vs. NARAIN SINGH

JUDGEMENT

(1.) This case is on the Regular Board of this Court since 19.3.2012. No one appears for the respondents although it is 2.45 P.M. I have heard counsel for the appellant and after perusing the record am proceeding to dispose of the appeal. 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 7.5.2005 dismissing the suit filed for partition and permanent injunction on the ground that the Civil Courts have no jurisdiction by virtue of Section 185 of the Delhi Land Reforms Act, 1954, i.e. the suit should have been filed before the Court of Revenue Assistant and not before the Civil Court.

(2.) A reference to the impugned judgment shows that the Trial Court has referred to the definition of land as contained in Section 3(13) of the Delhi Land Reforms Act, 1954 and has held that all types of lands, i.e. whether they are residential/abadi lands or agricultural lands, are subject matter of the Delhi Land Reforms Act, 1954, and therefore the suit in Civil Court is barred under Section 185 of the Delhi Land Reforms Act, 1954. The relevant observations of the Trial Court in this regard read as under:-

(3.) The Trial Court, in my opinion, has clearly misdirected itself inasmuch as though all lands defined under Section 3(13) are the subject matter of the Delhi Land Reforms Act, 1954, however, a suit for partition, only of the nature comprised in Section 55 of the said Act, has to be filed before the Revenue Assistant. As per Schedule 1 read with Section 185, of the Delhi Land Reforms Act, 1954, it is clear that the suit for partition which is subject matter of the Schedule 1 at serial no.11 is a suit for partition of a "holding" of a Bhumidar. The expression "holding" is defined in Section 3(11a) of the Act to mean "Sir" or "Khudkasht" lands only. "Khudkasht" land is defined under Section 3(12A) to mean self-cultivated land by a proprietor either by himself or by his servants or by hired labour, i.e. agricultural lands which have not been let out to a tenant. "Sir" lands are also basically self owned and self-cultivated lands. The expression "Sir" is not defined in the Delhi Land Reforms Act, 1954, however, since the Delhi Land Reforms Act actually is an amalgam of different provisions/aspects of Land Reforms Acts which were prevalent in Delhi in 1954 when the Delhi Land Reforms Act, 1954 was passed, therefore, the definition of "Sir" lands will have to be seen from the Uttar Pradesh Land Revenue Act, 1901. As per Section 3(12) & (13) of the Uttar Pradesh Land Revenue Act, 1901, "Sir" land is defined as basically self owned and self-cultivated land. Therefore, "Sir" or "Khudkasht" lands are actually cultivable lands and therefore basically agricultural lands where cultivation takes place. Therefore, lands in village abadi, though would be the subject matter of Section 3(13) of the Act, however, the same would not fall within the definition of "holding" as contained in Section 3(11a) of the Delhi Land Reforms Act, 1954. Once, the land is not part of a "holding" of a Bhumidar, the same cannot be the subject matter of a partition suit under Section 55, and therefore, would not fall under serial no. 11 of Schedule 1 of the Act, and consequently, there would be no bar of a Civil Court to try and decide such suits for partition allegedly because of the bar in Section 185 of the Act.