DELHI SAINIK CO OPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. FINANCIAL COMMISSIONER DELHI ADMINISTRATION

JUDGEMENT

(1.) This is an appeal from the order of a learned single Judge dated 23-9-1971.

(2.) The case has a long chequered history. Smt. Sarupi and Shame Singh were the owners of 99 bighas 13 biswas of land in village Khanpur in equal shares. On 6-8-1963 the appellant, Delhi Sainik Co-operative House Building Society Ltd., (the society) purchased from Shrimati Sarupi her half share in the land for Rs. 77,000. On 4-10-65 the society's name was mutated in the revenue records.

(3.) On 16-10-1969 seven persons Puran. Nathua, Yad Ram and four sons of Kalley, namely, Narain Singh, Ram Pershad, Har Pershad and Dhani (shortly referred to as Puran and others) brought a suit under section 85 of the Delhi Land Reforms Act, 1954 (the Act). Tins was a claim for the declaration of bhumidari rights in their favour on the ground that they were in possession of 8 bighas of land which forms part of the land purchased by the society from Smt. Sarupi. Puran and others alleged that they were in "forcible possession" of eight bighas of land and that they were entitled to a declaration of bhumidari rights under section 85 of the Act because no proceeding for their ejectment had been instituted within aperiod of three years as required by the Act. On June 16, 1970 the society in its turn brought a suit for ejectment of Puran and others under section 84 of the Act. While the suit under section 85 of the Act was being tried by the Revenue Assistant, Mr. K. N. Srivastava, the society sought to prove before him that certain revenue entries on which Puran and others relied were not binding on it because those entries were got recorded behind the back of Smt. Sarupi, Shame Singh and without any notice to the society. What are those entries on which Puran and others founded their claim, it is necessary to know at this stage.