BHAGWATI Vs. SHER SINGH

JUDGEMENT

(1.) THE present application is filed by defendants No.2 and 3 under Order 7 Rule 11 CPC read with Section 185 of the Delhi Land Reforms Act, 1954 for rejection of the plaint.

(2.) THE plaintiffs have filed the present suit seeking a decree of permanent injunction against the defendants to restrain them from alienating, transferring, dealing or negotiating for sale or parting with possession or creating third party interest in respect of the property i.e. 1/6th share in agricultural land bearing Khasra No.507 & 521, comprised in Khasra No.49/7/1(2 -14), 8(2 -12), 9(2 -0), 12(2 -8), 13(4 -16), 14(4 -11), 17/1(1 -12), 19/1(1 -18), East 26(1 -7), 169(13 -15), total area measuring 55 Bighas 5 Biswas situated at village Bijwasan, Tehsil -Kapasera, New Delhi and for a decree of mandatory injunction directing the defendants for joint mutation of the property in favour of the plaintiffs as per the settlement executed between the parties.

(3.) DEFENDANTS No.2 and 3 have filed the present application. It is denied that the Hindu Succession (Amendment) Act, 2005 would apply to the facts of the present case inasmuch as Sh.Ram Prasad died on 23.12.1997. It is further urged that in the present facts the Delhi Land Reforms Act, 1954 would be applicable and under Section 50 of the said Act, the defendants being the male lineal descendants would succeed to the bhumidari rights and the plaintiffs have no right, title or interest. It is further urged that the present suit is barred under Section 185 of the Delhi Land Reforms Act inasmuch as it is urged that the plaintiffs are neither bhumidars nor asamis qua the suit land and that a person who is not a bhumidar or an asami cannot directly approach the civil court seeking injunction. Reliance is placed on Section 83 on the said Delhi Land Reforms Act read with Sections 185 and Entry 18 of Schedule -I of the said Act. The plaintiffs filed their reply to the said application denying the allegations of the defendants.