JEET SINGH Vs. DASHRATH YADAV

JUDGEMENT

(1.) In the present four appeals, the appellant/plaintiff has assailed a common order dated 15.07.2015, passed by the learned trial court, allowing four separate applications filed by the respondents/defendants under Order 7, Rule 11 Civil P.C. and rejecting the plaints in all the four suits for possession instituted by him against the respondents/defendants, all residents of Khasra No. 36/23, 36/24, 36/17 and 38/18, Delhi, on the ground that the said suits are barred under Sec. 185 of the Delhi Land Reforms Act,1954 (hereinafter referred to as 'the Act').

(2.) With the consent of the parties, RFA 815/2015 is treated as the lead matter and for the sake of convenience, the facts of the said appeal are being noticed.

(3.) In July, 2014, the appellant/plaintiff had instituted a suit for possession against the respondent/defendant, calling upon him to hand over vacant peaceful possession of a parcel of land measuring 67 sq. yards comprised in Khasra No.36/23 (4-16), situated in the revenue estate of village Rani Khera. The plaintiff has stated in the plaint that he is a "co-Bhumidar/owner" of the subject land; that Khasra No. 36/23 was acquired along with other landholdings belonging to him vide Award No.8/2005-06 dated 12.07.2005, made by the Land Acquisition Collector, District North-West, Kanjhawala; that in the year 2006, the respondent/defendant had encroached upon the subject land and had raised a temporary construction thereon despite objections raised by the appellant/plaintiff. After the Award was made, the appellant/plaintiff stopped undertaking cultivation activity on the land under the bona fide impression that possession thereof had been taken over by the Government.