NIHAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Revision has been filed by Nihal Singh, plaintiff in Misc. Suit No. 1318 of 1966 on the file of Shri B.K. Agnihotri, Subordinate Judge, Ist Class, Delhi, against an order of the said Subordinate Judge, dated 14th October, 1971, made under section 161-B of the Delhi Land Reforms Act.

(2.) The petitioner, Nihal Singh, filed a Suit, No. 92 of 1962, on 15th February, 1962, in the Court of Shri Hukam Chand Gupta, Subordinate Judge, Delhi, against the Gaon Sabha of village Jhuljhuli, Delhi State. The said suit was decreed on 18th May, 1962, declaring Nihal Singh as the owner of the land in suit. The Union of India thereupon filed an application under Section 161-B of the Delhi Land Reforms Act for setting aside the decree. The Union of India alleged in that application that the land in suit was not cultivated nor included in the holding of Nihal Singh or he predecessor-in-interest during the fasli year ending 30th June, 1954. The application was contested by Nihal Singh on the ground, inter alia, that it was not filed within time.

(3.) On those pleadings, the following issues were framed by the Court :-