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2008 Supreme(Del) 1238

SHIV NARAYAN DHINGRA
Nilima Gupta – Appellant
Versus
Yogesh Saroha – Respondent


Advocates Appeared:
Mr. C.Mukund, Mr. S.K.Sharma, Ms. Vandana Anand and Mr. Avneesh Garg, Advocates
Mr. J.P.Sengh, Sr. Advocate with Ms. Garima Kapoor and Mr. B.S.Mor, Advocates

SHIV NARAYAN DHINGRA J.

1. The above four petitions give rise to a common question about the jurisdiction of Civil Court and are being disposed of jointly by this common order. The learned ADJ where the petitioners filed suit under Section 6 of the Specific Relief Act observed in his order dated 16.10.2006 that in view of the provision of Section 185 of the Delhi Land Reforms Act, Civil Court would have no jurisdiction to entertain the suit and returned the plaint. The petitioners aggrieved by the order have preferred these Civil Revisions under Section 115 CPC.

2. Brief facts relevant for the purpose of deciding these petitions are that the petitioners are member of Defendant Society (respondent no.3 herein). This Society purchased 44 acres of land in Village Neb Sarai, Mehrauli from various landholders viz. respondents no. 4-7. The society developed this land into a housing and cultural center. Residential plots were demarcated, boundary walls were erected, roads, sewerages, culverts were demarcated and matter was taken up with Chief Town Planner, MCD, for approval of lay out plan of the Society. The members of the Society, including the petitioners, were allotted different plots







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