GAON SABHA BUDHELA Vs. DHARAM SINGH

JUDGEMENT

(1.) This second appeal is directed against the judgment and order dated 15th November, 1971 passed by Mr. C.D. Vashishta, Senior Sub Judge, Delhi, affirming the Judgment and decree of the trial court dated 2nd April, 1970.

(2.) These are the facts, Mr. Dharam Singh, the Plaintiff-respondent, instituted a suit against the appellants, Gaon Sabha Budhela and the Union of India and prayed that the order of Mr. P.N. Gupta, Revenue Assistant, Delhi dated 21st May, 1968 in case No. 610 of 1967 be declared illegal and without jurisdiction.

(3.) Mr. Dharam Singh was a proprietor in village Budhela and had shamlat deh rights prior to 1953-54 when the Delhi Land Reforms Act, 1954 (to be referred to in short as "the Act") came into force. He also had a residential house in the said village. The said house is, admittedly, located inside the "laldora". i.e. the village abadi. In front of this house, there is a raised platform measuring 64 sq. yards. According to Mr. Dharam Singh, this platform is in his possession and was owned by him and was in existence prior to 20th July, 1954, i.e. the date on which the Act came into force. The said platform was used as an open space adjacent to the entrance of the residential house. It was customary to have such platforms in front of a residential house in the village abadi. In these circumstances, he claimed to b; entitled to continue to hold and possess the said platform, without disturbance or interference from the appellant Gaon Sabha, under section 8 of the Act. He further, contended that neither the platform nor the land on which it was built vested in the Gaon Sabha.