G.P.MITTAL
Jagmal – Appellant
Versus
Ramesh Chand Aggarwal – Respondent
G.P. Mittal, J.
IA No. 9211/ 2011 (Order VII Rule 11 CPC) in CS (OS) 735/ 2011
1. By virtue of this application, Defendant no. 2 lays challenge to the jurisdiction of this Court to entertain the present civil suit. The contention raised by the Plaintiff is that for the purpose of deciding maintainability of the suit, only the pleadings in the suit are to be considered. In the plaint, the Plaintiff has himself claimed that the land, the subject matter of the suit is an agricultural land covered by the provisions of the Delhi Land Reforms Act, 1954 (the Act of 1954).
2. This suit for permanent injunction has been filed by the Plaintiff against the Defendants seeking restraint upon the Defendants through its agents etc. from carving out any unauthorised colony from the suit land. Relying on the provisions of Sections 81, 83 and 185 of the Act of 1954 and the judgment of this Court in Anil Kumar and Anr. v. B.R.B. Constructions Pvt. Ltd. and Ors., CS (OS) No. 1332/ 2007 decided on 14.05.2008, the contention of the learned counsel for Defendant no. 2, which is supported by the other Defendants is that the jurisdiction of the Civil Court to entertain such a suit for injunction i
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