SUBASH CHAND Vs. GAINI RAM

JUDGEMENT

(1.) THIS Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree of the trial Court dated 6.2.2008, and by which judgment the trial Court held that the Civil Courts had no jurisdiction to try the suit in view of the bar of Section 185 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as ,,the Act).

(2.) THE sole question for consideration is whether the suit was not maintainable before the Civil Court inasmuch as the same ought to have been filed before the concerned Court of the Revenue Assistant as specified in Schedule I of the Act. In order to determine the issue of bar of jurisdiction of the Civil Court it is first necessary to see what is the cause of action pleaded in the suit and what are the reliefs claimed in the suit. When we read the plaint we find that the cause of action which is alleged is that the appellant/plaintiff purchased the suit land measuring 2 bighas 16 biswas from defendant Nos.1 to 4, which has been illegally encroached upon by the defendant Nos.5 to 11, and who are successors-in-interest of the defendant Nos.1 to 4 and consequently the reliefs of declaration of ownership of the appellant/plaintiff, possession, mesne profits and injunction against the defendants from constructing on suit property and alienating the suit property were claimed.

(3.) SO far as the entitlement to possession is concerned, the reliefs claimed would be governed by Serial No. 19 (iii) of the Schedule I of the Act which provides for filing of a suit by a bhumidar against a person occupying the land without title and for damages. This entry reads as under:-