SHAMMI MADAN Vs. GAON SABHA NANGALI SAKHARAVATI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12th August, 2004 whereby the learned Single Judge dismissed the writ petition filed by the appellant holding that the appellant and the other two persons, who had purchased parts of khasra No. 12/5, have not sought partition and that in the revenue records the holding continues to be one, and consequently erection of partition wall on the land in question resulted in plots being carved out because of which the provisions of Section 81 are contravened. The aforesaid findings and the conclusions arrived at by the learned Single Judge are under challenge in this appeal on which we have heard the learned counsel for the parties.

(2.) THE appellant has unsuccessfully approached various revenue courts which recorded a uniform finding of fact holding that the provisions of Section 81 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as 'act') are violated by the appellant and, therefore, the reliefs sought for by the appellant were rejected by all the revenue courts by they orders which are upheld by the learned Single Judge under the impugned judgment and order. A notice dated 9th august, 1997 was issued to the appellant in which it was recorded that the land belonging to the appellant i. e. 1 bigha and 2 biswas comprised in khasra No. 12/5 in the revenue estate of Village Nangli Sakrawati was being put to non-agricultural use and, therefore, there was contravention and violation of the provisions of Section 81 of the Act. The appellant was directed to show cause as to why the said land be not vested in the Gaon Sabha.

(3.) THE appellant submitted his reply dated 1st December, 1997 wherein the appellant did not deny the fact of purchasing land measuring approximately 1000 sq. yds, but denied putting the said land to non-agricultural use.