MUKESH Vs. BHARAT SINGH

JUDGEMENT

(1.) APPELLANTS had filed a suit for partition and injunction alleging that they were the daughters of late Shri Khein Chand. They impleaded their 3 brothers and their sister as defendants 1, 2, 3 and 4 respectively. It was stated in the plaint that the suit land measuring 4. 5 kila in Khata No. 88/54 in the revenue estate of Village Mundla Khurd, Tehsil Najafgadh, Delhi was owned by their father and on his death the sons and the daughters each acquired l/6th share in the suit land. On said basis, alleging that no partition had been effected, partition was prayed for.

(2.) IN the written statement filed by the defendants 1, 2 and 3 i. e. the brothers, it was stated that Khem Chand expired on 10. 6. 1993 and as per the Delhi Land Reforms Act, 1954 succession to the holding being governed under Section 50 thereof, as sons, they alone were entitled to succeed to the holding since their Sisters were married. Thus, entitlement of the plaintiffs was denied. It was stated that on death of the father the suit lands were mutated in the names of the 3 sons. It was alleged that the mutation entry had attained finality. Lastly, it was urged that right, if any, was to seek partition of the suit land before the revenue authorities. It was pleaded that by virtue of Section 185 of the Delhi Land Reforms Act, 1954 the civil court had no jurisdiction to entertain the suit for the reason under Section 55 of the Delhi Land Reforms Act a Bhumidar was entitled to sue for partition and as per entry at serial No. 11 of the I st Schedule to the Act the court of revenue Assistant was the court of competent jurisdiction.

(3.) IN replication filed by the appellants it was pleaded that by virtue of the Hindu Succession (Amendment) Act, 2005, since Sub-Section 2 to section 4 of the Hindu Succession Act, 1956 was deleted, succession to the holding of late Khem Chand had to be as per the Hindu Succession Act, 1956. It was further stated that the provisions of the Delhi Land Reforms Act do not apply to the suit land.