HARIA Vs. GAON SABHA OF VILLAGE DEARA MANDI

JUDGEMENT

(1.) The sole question for decision in this second appeal is whether the decree obtained by the appellant, Haria, against the respondent Gaon Sabha, in civil Suit No. 810 of 1962 was collusive and, therefore, liable to be set aside at the instance of the Gaon Sabha.

(2.) The civil suit No. 810 of 1962 was filed by Haria for a declaration that he was the Bhoomidar of the land in suit under Section II of the Delhi Land Reforms Act, 1954. According to Haria, the suit land measuring 40 bighas out of 270 bighas and 10 biswas, bearing Khasra No. 1675/18 recorded as banjar qadim in the record of right of the village Deramandi, was in his possession as his khudkashat during the year 1953/54, that is before and after the commencement of the Delhi Land Reforms Act, 1954. The actual entries in the Khasra Girdawari and other revenue records were alleged to be wrong and against true facts.

(3.) According to Rule 84(h) of the Delhi Panchayat Raj Rules, 1959, the then Pradhan of the Gaon Sabha, viz. respondent No. 2 herein, Bhondu Ram was to defend the suit filed by Haria against Gaon Sabha. Bhondu Ram, however, did not defend the suit, which was decreed on 28-11-1962 ex parte against the Gaon Sabha, that is very soon after the plaint was fed on 31-10-1962.