BARFO DEVI Vs. D.D.A.

JUDGEMENT

(1.) THIS is an Appeal against the judgment dated 8.5.2008, whereby CS(OS) No.1589/2007, filed by the Appellant, was dismissed on the grounds that it was time barred, the Plaintiff/Appellant was not in possession of the suit land, and she had filed this suit to initiate proxy litigation for others who were in occupation of the land and, therefore, she had not come to the Court with clean hands.

(2.) THE Plaintiff/Appellant filed a suit for permanent injunction claiming to be in possession of land comprising Khasra No.843/5 admeasuring 2 bighas in Village Mahipalpur. According to her, the suit land was given to her by Gaon Sabha, initially for a period of five years with effect from 26.7.1997. The lease was further extended for a term of five years. The lease was not extended thereafter. The Plaintiff/Appellant claims that she continued in possession and became an Aasami of Gaon Sabha and the property was in her peaceful possession and occupation since then. The proceedings were initiated under Section 86A of Delhi Land Reforms Act, against the son of the Plaintiff/Appellant, in which ejectment Order came to be passed by Revenue Assistant on 6.10.1997. In a Revision Petition filed by the Plaintiff/Appellant before the Financial Commissioner, the matter was remanded back to the Revenue Assistant, who passed a fresh order under Section 86A of Delhi Land Reforms Act on 11.4.2007. A Revision Petition was filed by the son of the Plaintiff/Appellant against the ejectment Order dated 11.4.2007 which was dismissed by the Financial Commissioner on 24.8.2007. The suit was thereafter filed claiming that some officials of the Defendant had come to the suit land and informed the Plaintiff/Appellant that the land belongs to them, being Government land, and they had to carve out a road through the same.

(3.) A suit for perpetual injunction is governed by Article 113 of Limitation Act and, therefore, the prescribed period of limitation is three years from the date when the right to sue accrued. For the right to sue to accrue, the right sought to be vindicated in the suit should have already come into existence and there should be an infringement of it or at least a threat to infringe the same. It implies that the Plaintiff has a substantive and exclusive right claimed by him/her and there is an invasion or a threat of invasion of that right. When the right to sue accrues, depends to a larger extent, on the facts and circumstances of a particular case, keeping in view the relief sought in that case. Generally the right to sue accrues, when right arises to prosecute to obtain relief by legal means.