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2008 Supreme(SC) 283

HARJIT SINGH BEDI, TARUN CHATTERJEE
RAJENDER SINGH – Appellant
Versus
VIJAY PAL @ JAI PAL – Respondent


JUDGMENT

1. This appeal is directed against the judgment and order dated 5th of February, 2001 passed by a learned judge of the High Court of Delhi at New Delhi in RSA No.112 of 1996 whereby the High Court had allowed a second appeal filed by the respondent No.1 and set aside the judgments and decrees of dismissal dated 29th of January, 1996 and 20th of July, 1996 passed by the Civil Judge, Delhi and the Senior Civil Judge, Delhi, being the first appellate court, respectively.

2. The plaintiff/respondent no. 1 had instituted the suit before the Civil Judge, Delhi for declaration and injunction in respect of the suit property and for other incidental reliefs. In the said suit, a preliminary issue was framed to the extent that in view of Section 185 of the Delhi Land Reforms Act, 1954 (in short the Act ), the jurisdiction of the Civil Court to entertain the suit was barred. Both the courts below held that the civil court had no jurisdiction to entertain the suit in view of the bar imposed under Section 185 of the Act. The High Court, in second appeal against the judgments of the courts below, held that in view of the nature of the reliefs claimed in the suit, t


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