SAMAYDIN Vs. GAON SABHA VILLAGE MANDOLI

JUDGEMENT

(1.) This civil revision petition under Section 115 of Code of Civil Procedure is directed against order dated 1.10.2005 passed by Civil Judge, Delhi, rejecting an application under Order VII Rule 11 CPC. I have heard Mr. P.S. Bindra, Advocate, learned counsel for the petitioners, and Mr. Sanjay Pathak, Advocate, learned counsel for the respondents, and have gone through the file.

(2.) Briefly, the facts are that petitioners herein (defendants in the trial court) claim to be in lawful continuous possession of land situated in the revenue estate of village Mandoli, Shahdara, Delhi. Their plea is that they have constructed residential houses and shops on the said land. The Revenue Assistant, Shahdara, had passed an ex-parte decree on 30.4.1982 for ejectment of the petitioners-defendants. However, the said ex-parte decree was not executed and again on 7.9.1989 proceedings under Section 86-A of Delhi Land Reforms Act 1954 were initiated but the said proceedings were also dropped by the Revenue Assistant on 20.8.1990 after making observations in favour of the petitioners- defendants.

(3.) The order dated 20.8.1990 was challenged by the Gaon Sabha before the Additional Collector. The said appeal was dismissed on 25.11.1993 but liberty was given to the Gaon Sabha for execution of the order dated 30.4.1982. Again in 1994 fresh proceedings under Section 86-A of Delhi Land Reforms Act were initiated by the Gaon Sabha against the petitioners-defendants but the same too were dismissed on 29.3.1995 opining that the Gaon Sabha should have gone for execution of the decree dated 30.4.1982. Accordingly, the Gaon Sabha filed execution application before the Revenue Assistant. Objections were raised by the petitioners-defendants. The Revenue Assistant vide order dated 13.9.1995 held that the land in question was excluded from purview of the Delhi Land Reforms Act 1954 in view of Section 2 (c) of the said Act which is reproduced here under: