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1966 Supreme(Del) 60

I.D.DUA
BHIKU – Appellant
Versus
PRITHI – Respondent


Advocates Appeared:
V.D.Mahajan, V.K.Kaushal

I. D. Dua,j.

( 1 ) THIS is an appeal by Bhikufrom the judgment and decree of the learned III Additional Districtjudge dated 3-12-1957 dismissing the appellant s appeal from thejudgment and decree of the learned Subordinate Judge 1st Class dated29-7-1957. The learned Additional District Judge has come to theconclusion that the appellant, who was a defendant in the trial Court,had undoubtedly been declared a Bhumidhar under section 13 of thedelhi Land reforms Act No. 8 of 1954, the requisite notification havingbeen issued on 23-6-1956. After so holding, the learned Judge ofthe Court of first appeal has proceeded to observe that the notificationhad no concern with the plaintiff s claim which was for the periodprior to the notification. The plaintiff, it may be pointed out, claimedto be a landlord who had filled a suit for the recovery of certain amounton account of rent and also for ejectment of the defendant from theagricultural land in question.

( 2 ) THE learned counsel for the appellant has drawn my attentionto section 14 of the aforesaid Act which is in the following terms :-"14 (1) Every person declared as Bhumidhar under sub-section (1) of section 13, shall with effect from the





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