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1988 Supreme(Del) 327

SUNANDA BHANDARE
HOSHIAR SINGH – Appellant
Versus
GAON SABHA, DARYAPUR KALAN – Respondent


Advocates Appeared:
D.C.SHERAVAT, MAEHSVAR DAYAL

Sunanda Bbandare

( 1 ) THIS petition is directed against the order of the Senior Sub Judge, Delhi dated 4th April 1987 whereby the appeal filed by the petitioners against the order of the trial court dated 20th January 1987 dismissing their applications under Order 39 Rules 1 and 2 of the Code of Civil Procedure was dismissed.

( 2 ) THE petitioners claim to be in possession of Khasra No. 4 (4 bighas 9 biswas,) 7 (4 bighas 9 biswas), 8 (4 bighas 16 biswas), 13 (4 bighas 16 biswas) and 14 (4 bighas 9 biswas) of Rectangle No. 65 situated at Village Daryapur Kalan, Delhi as Bhumidars. It is the case of the petitioners that they are likely to be dispossessed by the respondents from this land because this land is going to be distributed to landless people by the respondents.

( 3 ) IT is contended by the learned counsel for the petitioners that the petitioners cannot be dispossessed from the land in question without due process of law and no notice regarding their removal from the land in question was ever issued to them.

( 4 ) ON the other hand, it is the case of the respondents that the land in question vests with the Gaon Sabha and the petitioners are rank tresspassers and they can be t




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