KISHAN Vs. RAM KISHAN

JUDGEMENT

(1.) THE plaintiff has filed the above-noted suit for partition of the properties mentioned in Annexure A and B to the plaint, a declaration that the sale of the properties mentioned in Annexure C of the plaint is null and void and permanent injunction against defendants No. 1 to 5 restraining them from creating any third party interests in the plaintiffs share of the properties mentioned in Annexure A and from interfering with the peaceful possession of the plaintiff of the properties mentioned in Annexure B. The reliefs claimed by the plaintiff are as follow :

(2.) THE plaintiff has contended that he had filed a suit for partition before the Civil Judge against defendant No. 1, Shri Ram Kishan, only and the civil Judge by order dated 13th May, 1996 had dismissed the suit by observing that the suit is barred under the provisions of Delhi Land Reforms act and that the plaintiff is at liberty to file an appropriate suit before the appropriate court as per the provisions of Delhi Land Reforms Act. The plaintiff had preferred an appeal against the dismissal of suit by order dated 13th May, 1996 which was allowed by the Additional District Judge by order dated 5th September, 2000 and the matter was remanded back to the trial court to proceed in accordance with law.

(3.) THE plaintiff has contended that he had realized that the values of the properties whose partition is being sought was in excess of the pecuniary jurisdiction of the Trial Court and therefore he had moved an application for withdrawal of the suit with liberty to file the matter in the appropriate court, which was subsequently allowed and thereafter the present suit for partition, possession and permanent injunction has been filed.