MOHINDER SINGH Vs. NCT OF DELHI

JUDGEMENT

(1.) THE appellants filed a suit on the Original Side of this Court seeking a declaration that they were the bhoomidars in possession of plot no. 415 situated within the Lal Dora of village Bijwasan, New Delhi. The appellants claimed that in view of the declaration given by the Revenue Assistant in terms of Order dated 26. 02. 1979, the appellants have become the bhoomidars of the land in question in view of the provisions of Section 85 of the Delhi Land Reforms Act, 1954 ('the DLR Act' for short) as they had the cultivatory possession of the land in question and the owner Mr. Mir singh s/o Mr. Ram Nath had taken no steps under Section 84 of the DLR Act to remove them. The appellants have also sought cancellation of an order dated 19. 01. 2006 passed by the Financial Commissioner in respect of the land in question.

(2.) IT may be noticed at the inception itself that the order dated 19. 01. 2006 of the Financial Commissioner became subject matter of challenge in WP (C) No. 1678-84/2006 which has been dismissed vide order dated 08. 02. 2006. An appeal was preferred against that order by the appellants herein which has been dismissed, being LPA Nos. 443-449/2006, by a separate order passed by us today. In the said order, it has been held that the claim of the appellants to plot no. 415 which was predicated on an application having been made by Mr. Mir Singh s/o Mr. Ram Nath for allotment of land in phirni whereby plot no. 415 was allotted, was not sustainable as no such application was made by the predecessor-in-interest of the appellants i. e. Mr. Mir Singh s/o of Mr. Ram nath nor by the appellants.

(3.) THE present appeal has arisen on an application filed by the applicants in the suit seeking impleadment as a party which has been allowed vide impugned order dated 28. 01. 2009.