ANGOORI DEVI Vs. CHARAN SINGH

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 26.3.2012. No one appears for the respondent. I have, therefore, heard the attorney of the appellant, i.e. husband of the appellant and also perused the record. I am hence proceeding to dispose of the appeal.

(2.) THE appellant herein is plaintiff in the Trial Court. She filed a suit for declaration and injunction claiming rights to the suit land admeasuring 4 bighas and 16 biswas falling in Khasra no.28/9, Village- Daulatpur, Delhi. THE subject suit has been dismissed by the impugned judgment by deciding the preliminary issues against the appellant/plaintiff. THE preliminary issues read as under:

(3.) IN the present case, the appellant/plaintiff has put up a specific case of having purchased rights of the defendant who was an Asami by means of registered documentation dated 27.3.1996. Though the documents need not strictly confer ownership rights like sale deed, however, the rights are created with respect to land pursuant to doctrine of part performance under Section 53A of the Transfer of Property Act, 1882 and Section 202 of the Contract Act, 1872 as power of attorney has been given for consideration, and are valid as they are executed before 24.9.2001 when Act 48 of 2001, amending Section 53A of the Transfer of Property Act, 1882, came into force. It is clear from the record that neither the Gram Sabha nor the landholder has in terms of Section 42 of the Delhi Land Reforms Act, 1954 filed any suit for ejectment of the appellant/plaintiff from the subject land and the dispute is only between the appellant/plaintiff who purchased rights in the suit land from the defendant who was an Asami, and the respondent/defendant.