RAM KISHAN Vs. THE DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) THE only point for decision is this revision petition is whether the civil Courts have jurisdiction to entertain the present suit.

(2.) IT appears that in May, 1959, the Revenue Assisant declared Ram Kishan, Petitioner, as a bhoomidar of the land in dispute. Thereupon, the Deputy Commissioner, in exercise of his powers under Section 161 (c) of the Delhi Land Reforms Act, 1954 (Act No. 8 of 1954), on behalf of the Gaon Sabha filed a suit for a declaration that the said order of the Revenue Assistant was illegal and without jurisdiction and for a permanent injunction, restraining the Petitioner from taking possession of the land. It was alleged in the plaint that the land in respect of which the bhoomidari rights had been granted by the Revenue Assistant was waste land and from times immemorial it was being used as a grazing ground for the cattle of the entire village and, therefore, under Section 7 of the Act it vested in the Gaon Sabha. It was further stated that the order of the Revenue Assistant was based on the entries in the khasra girdawaris, which had been got prepared by the Petitioner in collusion with Partap Singh, Patwari.

(3.) ON the pleadings of the parties, the following preliminary issue was framed in the case: