VINOD KUMAR SHARMA Vs. SEEMA SETHI

JUDGEMENT

(1.) THE applications under Order 7 Rule 11 CPC (IA No. 5802/2008), under Order 39 Rules 1 and 2 CPC (IA No. 1227/2008) and under Order 39 Rule 4 CPC (3138/2008) are for consideration.

(2.) THE plaintiff instituted the suit on averments that Mr. Dinesh Sethi, husband and father respectively of the defendants No. 1 to 3 was the owner of agricultural land admeasuring 13 Bighas 3 Biswas in Village Dera Mandi, Tehsil Mahrauli, New Delhi; that he had agreed to sell the same to the plaintiff and against receipt of entire sale consideration had executed and registered a general power of attorney in favour of the nominee of the plaintiff and an agreement to sell and Will in favour of the plaintiff and had in part performance of the said agreement to sell, in or about 1995 (i.e. prior to the amendment of the Registration Act in 2002) put the plaintiff into possession of the aforesaid land; that the plaintiff had since then been in possession thereof; that the said Sh. Dinesh Sethi died on 7th November, 2005 leaving the defendants 1 to 3 as his only natural heirs; that the plaintiff had applied to the District Judge,

(3.) THE relief with respect to which the present suit has been filed does not find mention in Schedule I to the Delhi Land Reforms Act. Revenue Courts under the said Act have not been empowered to grant the relief of declaration as void and cancellation of a sale deed with respect to agricultural land also or to grant the relief of injunction. From a bare reading of the plaint thus and which alone is to be seen at the stage under Order 7 Rule 11 of the CPC, the suit does not appear to be barred by Section 185 of the Act. What has to be seen is whether on a meaningful reading also, can it be said that the suit is barred by the said provision or can it be said that the plaint has been cleverly drafted and the relief in fact claimed is the relief which the Revenue Courts under Schedule 1 to the Act are entitled to grant and the jurisdiction with respect whereto of the Civil Courts/this Court is barred.