UNION OF INDIA Vs. GULAB SINGH

JUDGEMENT

(1.) This civil revision filed by the Union of India is directed against the order of learned Senior Subordinate Judge 1st Class, Delhi, whereby he dismissed the application of Union of India under section 161--B of the Delhi Land Reforms Act for setting aside the decree dated May 10, 1965 which had been awarded in favour of Gulab Singh and two others against Gaon Sabha Sanoth. The matter was referred to a larger Bench in pursuance of the order of Hardy, J. becau?e he found that the question arising for decision in this case was of some importance and was involved in a large number of other cases.

(2.) The brief facts of the case are that Gulab Singh and two others instituted a suit on February 9, 1965 against Gaon Sahha Sanoth on the allegation that the plaintiffs were the proprietors of agricultural land bearing Khasra No 720 situate in village Sanoth. It was alleged that the plaintiffs were in possession of the aforesaid land in 1953-54. But due to some mistake the land was shown as Ghair Mumkin Johar in revenue records of the year 1953-54. The plaintiffs claimed that they were entitled to be declared as Bhumidars of the said land. The land was stated to have been vested in the defendant by an order of the Deputy Commissioner. According to the plaintiffs the order of the Deputy Commissioner in this repect was illegal and without jurisdiction. Prayer was made for the grant of a declaratory decree in favour of the plaintiffs that the order of the Deputy Commissioner vesting the land in dispute in the defendant and its implementation was illegal and without jurisdiction.

(3.) No one appeared on behalf of the defendant gaon sabha in the suit inspite of service. An Ex-parte decree was awarded in favour of the plaintiffs on May 10, 1965.