RAJESH KUMAR Vs. SHANTA VASHISHT

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 5 th December, 2009 of the Court of the Addl. District Judge, Central 14 Delhi, (in Suit No.1087/2008 filed by the respondent/plaintiff) of possession, use and occupation charges @ Rs.3,000/ per month and for mandatory injunction against the appellant/defendant.

(2.) NOTICE of the appeal and the application for interim relief was issued and the Trial Court record requisitioned. Vide order dated 13 th July, 2011, subject to the appellant/defendant depositing the decretal amount towards mesne profits and filing an undertaking to maintain status quo with respect to possession till the disposal of the appeal, the execution of the impugned judgment and decree was stayed and the appeal admitted for hearing. The hearing was expedited for the reason of the respondent/plaintiff being a senior citizen. The appeal was dismissed in default of appearance of the appellant/defendant on 2nd May, 2013. An application for restoration was preferred by the appellant/defendant but the same was also dismissed in default on 4th September, 2013. Yet another application for restoration was filed which was allowed on 1st October, 2013 and the counsels also heard on the appeal.

(3.) THE counsel for the respondent/plaintiff on that date drew attention to the order dated 21st September, 2006 in the suit, framing the issues and in which it was also noticed that the suit was for recovery of possession in respect of agricultural land, the rights with respect of which are governed by the Reforms Act and the declaration of bhumidari rights in respect of agricultural land can only be given by the Revenue Assistant and not by Civil Court.