RASAL SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) THE present writ petition has been filed by Sh. Rasal Singh (since deceased)praying inter alia for directions to the respondents to demarcate a plot of land measuring 3 Biswas in Khasra No. 240, situated in the revenue estate of Village Begumpur, Malviya Nagar, New Delhi (hereinafter referred to as `the plot') and to restrain the respondents from creating any obstruction in the demarcation of the aforesaid plot of land of the petitioner by raising a boundary wall around it.

(2.) COUNSEL for the petitioners submits that the petitioners confine their relief in the present writ petition to the relief of demarcation of the plot in question.

(3.) IN a nutshell, the facts of the case are that in a public auction held by the respondent No. 3, Ministry of Rehabilitation on 19. 11. 1960, late Rasal singh, the predecessor-in-interest of petitioners, purchased the plot for a sum of Rs. 180/ -. Upon declaring Sh. Rasal Singh as the purchaser of the aforesaid plot, a sale certificate was issued by the respondent No. 3 in his favour, which was registered with the Sub-Registrar, New Delhi on 27. 6. 1961. Physical possession of the plot is stated to have been handed over to Sh. Rasal Singh in the very same year, i. e. , in 1960, even before the registration of the sale deed took place. The plot in question was mutated by the revenue authorities in their records in favour of the predecessor-in-interest of petitioners in the month of September, 1962. It is contended that ever since, they remained in possession of the plot of land. Sometime in the year 1987, Sh. Rasal Singh decided to raise a boundary wall around his plot. He, therefore, requested the revenue authorities to demarcate his plot. Thereupon, the revenue officials visited the site on 26/27. 2. 1987 and started the demarcation proceedings, but left the same incomplete thus, compelling the predecessor-in-interest of petitioners to file the present petition.