KASHI RAM (DECEASED) Vs. GAON SABHA NASIRPUR

JUDGEMENT

(1.) The present petition challenges the impugned order dated 6th February, 2019 by which the application filed by the Plaintiff No. 1/ Petitioner (hereinafter "Plaintiff No.1") seeking demarcation of the land was dismissed. The brief background is that Plaintiff No. 1 claims to be recorded as co-owner of the land measuring 4 bighas 14 biswas out of Khasra No. 365 and 8 bighas 11 biswas out of Khasra No. 366 in the revenue estate of village Nasiripur, Palam, Delhi, since 1948-49 (hereinafter "suit property"). However, it is further claimed that after 1954, though the land was shown as vested in the Gaon Sabha - Respondent/Defendant (hereinafter "Defendant"), no action has been taken by the Defendant to take possession of the said land and until the filing of the present suit, the possession of the land was with Plaintiff No.1. Plaintiff No. 1, in 1991 found that the Defendant started threatening to dispossess him and demolish parts of the suit property. Accordingly, the present suit was filed seeking the following reliefs: -

(2.) The case of the Defendant is that the land falling in Khasra No. 365/366 is in its possession.

(3.) The following issues were framed in the suit:-