RAM I LAL Vs. RADHEY GOPAL

JUDGEMENT

(1.) This appeal has come before this Bench as a result of the reference made by A. N. Grover J. on April 30, 1955. That reference became necessary in view of conflict of judicial opinion on the question of law arising for decision.

(2.) The principal question that arises for decision in this case is whether the civil Courts have jurisdiction to grant the relief prayed for by the Respondent 1n this case, in view of the provisions in the Delhi Land Reforms Act, 1954, which will be hereinafter referred to as the Act.

(3.) Before proceeding to consider the question of law arising for decision, we shall briefly set out the material 'facts. The respondent herein is the proprietor of land bearing Khasraro. 619, situate in mauza Wazirpur, Delhi State. The appellant was a tenant under him for some time anterior to 1953-54. After the Act came into force, the respondent moved the Revenue Assistant under the proviso to sub-section (2) of section II of the Act for declaring that the land in question is his Khud Kasht. His case was that he had to lease the land as he was an invalid person and hence he is entitled-to the declaratiion prayed for. The Revenue Assistant refused to grant him the declaration asked for. Thereafter, the appellant wasdJclaredas Bhun3idarinrc:;p-ctofth" property in question under Section 13(1) of the Act.; After the said declaration was made, the Respondent 1nstituted suit No. 447 of 1962 in the Court of dhri B. M. Aggarwal. Sub Judge, Delhi. seeking a declaration that the appellant was not entitled to' any Bhumidari right in respect, of land bearing khaSra No.619, situatein mauzn Nizampur, Delhi State, and, as such. the Bhumidari declaration issued under section "13 of the Act by the Revenue Assistant with respact to that land is "wrong, illegal, ultra vires, without Jurisdiction and ineffective" as against his interest.