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2014 Supreme(Del) 137

VALMIKI J.MEHTA
Suresh Bala – Appellant
Versus
Rampal – Respondent


Advocates:
Advocate Appeared:
For the Appellants:B.S. Mann, Advocate.

Judgment :

Valmiki J. Mehta, J. (Oral)

1. This regular second appeal impugns the judgment of the appellate court dated 20.7.2013 by which the appellate court set aside the judgment of the trial court dismissing the suit as being not maintainable in the civil court in view of Section 185 of the Delhi Land Reforms Act, 1954. The case of the appellants before this court, and who were the defendants in the suit, is that Section 185 of the Delhi Land Reforms Act is a complete bar to the maintainability of the suit. Reliance is placed on behalf of the appellants upon a judgment of a Division Bench of this Court in the case of Om Prakash & Ors. Vs. Govt. of NCT of Delhi & Ors. LPA No.81/2012 decided on 11.9.2012.

2. At the outset, it must be stated that the civil courts’ jurisdiction is barred by virtue of Section 185 of the Delhi Land Reforms Act only if the proceedings before the civil court are either in form or in substance such/those proceedings which are found in any of the entries in Schedule-I to the Delhi Land Reforms Act. Schedule-I of the Delhi Land Reforms Act contains a total of 9 columns for each of the entries. The third column is the description of the proceedings, however, w





































































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