VALMIKI J. MEHTA, J

1. This case is on the Regular Board of this Court since 19.3.2012. No one appears for the respondents although it is 2.45 P.M. I have heard counsel for the appellant and after perusing the record am proceeding to dispose of the appeal.

2. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 7.5.2005 dismissing the suit filed for partition and permanent injunction on the ground that the Civil Courts have no jurisdiction by virtue of Section 185 of the Delhi Land Reforms Act, 1954, i.e. the suit should have been filed before the Court of Revenue Assistant and not before the Civil Court.

3. A reference to the impugned judgment shows that the Trial Court has referred to the definition of land as contained in Section 3(13) of the Delhi Land Reforms Act, 1954 and has held that all types of lands, i.e. whether they are residential/abadi lands or agricultural lands, are subject matter of the Delhi Land Reforms Act, 1954, and therefore the suit in Civil Court is barred under Section 185 of the Delhi Land Reforms Act, 1954. The relevant observation