Manmohan Sarin, J.

( 1 ) THIS revision petition raises an interesting and important question as to whether the provisions of the Delhi Land Reforms Acts would continue to apply and govern land in respect of which a notification has been issued under Section 507 of the Delhi Municipal Corporation Act of 1957 for urbanising the said land and declaring that the said rural area shall cease to be rural area?

( 2 ) THIS question has arisen for consideration in the facts stated below :

(I) The petitioner, Shri Trikha Ram and respondent, Shri Sahib Ram are real brothers, being sons of late Shri Chhedi Lal, Shri Chhedi Lal had purchased a plot of land bearing No. F-11, Subhash Mohalla, Village North Ghonda, Delhi, admeasuring 300 sq. yards, vide a registered sale deed in the year 1970 and raised some construction thereon. The petitioner, Shri Trikha Ram, who is in possession of portion constructed over 100 sq. yards, while respondent No. 1, Shri Sahib Ram is in possession of the portion of about 130 sq. yards. The remaining portion of the property admeasuring about 70 sq. yards is in possession of one Shri Singh Raj Singh, s/o Shri Chhajjan, nephew of Shri Chhedi Lal. Shri Singh Raj Singh is stated to have been inducted as licencee by late Shri Chhedi Lal. ii) The petitioner filed a suit seeking a partition of the property between the petitioner and respondent No. 1 in equal shares and for division of the property by metes and bounds. Injunction was also sought against Shri Singh Raj Singh from raising any construction in the portion in his occupation.

( 3 ) BEFORE the learned Civil Judge, the respondent, defendant therein raised a preliminary objection as to the maintainability of the suit. It was contended that the jurisdiction of the Civil Courts was barred under Section 185 of the Delhi Land Reforms Act. It was urged that proceedings could be initiated for partition only before the Revenue Assistant, since provisions of Land Reforms Act were applicable to the land. The respondent contended that the property was situated in the Revenue State of Village Ghonda in Khasra No. 459, and to which the Delhi Land Reforms Act applied. Revenue records were REFERRED TO to show land fell within Revenue State of Village Ghonda. It was further stated that the property was purchased by a registered sale deed from its recorded Bhumidar and the said Shri Chhedi Lal had acquired only Bhumidari rights and Civil Courts had no jurisdiction.

( 4 ) THE petitioner argued before the Civil Judge that the property in question was a residential house and no agricultural activity was carried there and none was presently going on. NO declaration with regard to the Bhumidari rights was being sought so as to go before the Revenue Assistant. Total holding being less than 8 acres, it was urged that the Land Reforms Act will not apply.

( 5 ) LEARNED Civil Judge held that merely because of construction over the land and the same being used for residential purposes, it would not cease to fall within the definition of `land within the Delhi Land Reforms Act. The Civil Judge, accordingly, held that the case would fall within Serial No. 11 of Schedule I and Section 55 of the Delhi Land Reforms Act being a suit for partition of holding of a Bhumidar. By virtue of Section 185 of the Delhi Land Reforms Act, the jurisdiction of the Civil courts would be barred. The suit was accordingly dismissed.

( 6 ) THE question that falls for consideration is whether the provisions of the Delhi Land Reforms Act would apply to the land that stands urbanised ? It is an admitted position that land in suit was urbanised vide notification dated 28. 5. 1966 published in the Delhi Gazette, Extra Ordinary Part IV on 3. 6. 1966. The notification was issued by the Corporation with the previous approval of the Central Government in exercise of powers conferred by case (a) of Section 507 of Delhi Municipal Corporation Act, 1957. The Corporation under the notification declared the localities mentioned

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