TRIKHA RAM Vs. SAHIB RAM

JUDGEMENT

(1.) This revision petition raises an interesting and important question as to whether the provisions of the Delhi Land Reforms Acts would continue to apply and govern land in respect of which a notification has been issued under Section 507 of the Delhi Municipal Corporation Act of 1957 for urbanising the said land and declaring that the said rural area shall cease to be rural area?

(2.) This question has arisen for consideration in the facts stated below :

(3.) Before the learned Civil Judge, the respondent, defendant therein raised a preliminary objection as to the maintainability of the suit. It was contended that the jurisdiction of the Civil Courts was barred under Section 185 of the Delhi Land Reforms Act. It was urged that proceedings could be initiated for partition only before the Revenue Assistant, since provisions of Land Reforms Act were applicable to the land. The respondent contended that the property was situated in the Revenue State of Village Ghonda in Khasra No. 459, and to which the Delhi Land Reforms Act applied. Revenue records were referred to show land fell within Revenue State of Village Ghonda. It was further stated that the property was purchased by a registered sale deed from its recorded Bhumidar and the said Shri Chhedi Lal had acquired only Bhumidari rights and Civil Courts had no jurisdiction.