MADAN PAL GUPTA Vs. MAYA DEVI

JUDGEMENT

(1.) The appellantshave instituted the presentLetters Patent Appeal ["LPA"] in terms of Clause 10 of the Letters Patent of Lahore, as applicable to the Delhi High Court, read with Sec. 10 of the Delhi High Courts Act, 1996, assailing the impugned judgment dtd. 9/4/2024, passed by the learned Single Judge of this Court, thereby allowing the writ petition bearing WP(C) No. 15300/2023titled 'Maya Devi v. State (NCT of Delhi) and Anr.' seeking setting aside of the order dtd. 29/4/2022 passed by the Revenue Assistant/Sub Divisional Magistrate, Civil Lines, Delhi ["SDM"] in Execution Petition bearing 7744-49/ 2022, besides order dtd. 26/9/2023 passed by the Deputy Commissioner, Civil Lines, Delhi, in Appeal No. 02/2021/DCCEN/2023/23722.

(2.) Shorn of unnecessary details,a parcel of agricultural land bearing Khasra No. 213, Village Mukandpur, Delhi-110042 (hereinafter referred to as 'agricultural land'), came to be jointly owned and possessed by three persons, namely Smt. Maya Devi i.e., the respondent No.1 herein, Smt. Lalita Devi i.e., appellant No.2 herein, and Smt. Bimla, by way of a registered sale deed dtd. 12/1/1989 executed in their favour by their respective husbands, the erstwhile owners of the agricultural land.

(3.) Thereafter, Smt. Lalita Devi (appellant No.2) instituted two suits before the SDM, Civil Lines, Delhi, first suit bearing No. 73/RA/2003filed under Sec. 55of the Delhi Land Reforms Act, 1954 ["DLR Act"], and the second suit bearing No. 360/RA/2008 filed under Sec. 36 of the DLR Act, thereby seeking partition of the agricultural land and grant of liberty to the appellant No.2 to transfer/sell her 1/3rd share in the said land. As a matter of record, the SDM vide order dtd. 12/3/2021 allowed the prayer of the appellant No.2 and granted such liberty as sought by her, which decision was assailed by Smt. Maya Devi (respondent No.1) under Sec. 185 of DLR Act read with Sec. 64 of the Delhi Land Revenue Act, 1954, before the Deputy Commissioner (Central) vide Appeal No. 02/2021/DCCEN/2023/23722 titled as 'Maya Devi v. Lalita Devi'.