DIVESH KAPOOR Vs. SURESH BHATIA

JUDGEMENT

(1.) Challenge in the present appeal has been directed against judgment and decree dated 26.04.2019 passed by the Additional District Judge, Faridabad whereby appeal against judgment and decree dated 13.03.2019 passed by the trial Court was accepted, impugned judgment and decree was set aside and suit filed by the appellant/plaintiff for declaration with consequential relief of permanent injunction was dismissed with no order as to costs.

(2.) The appellant/plaintiff asserted his claim to MOR land adjoining to his house bearing No.5E/70, NIT Faridabad by assailing allotment of said land in favour of respondent/defendant No.1, by Rehabilitation Department, Faridabad.

(3.) Perusal of the judgment impugned would reveal that one of the grounds of acceptance of appeal is with regard to jurisdiction of the Civil Court in view of the provisions of Section 14 of the Haryana Evacuee Properties (Management and Disposal) Act, 2008 (in short 'the Act'). The Court held that suit seeking declaration about an interest in suit property is not maintainable. Section 14 of the Act bars jurisdiction of the Civil Court.