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2016 Supreme(Del) 2551

INDERMEET KAUR
BIJENDER KUMAR – Appellant
Versus
FINANCIAL COMISSIONER, GOVT. OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajiv Khosla and Mr. Jasvinder Varma.
For the Respondents: Mr. Rahul Gupta and Mr. Shekhar Gupta, Mr. Sandeep Sethi, Mr. Rajat Navet, Mr. Dalbir Thakran, Mr. Shekhar Dasi.

JUDGMENT :

INDERMEET KAUR, J.

1. Petitioner before this Court is Bijender Kumar. He is the maternal grandson of Raja Ram. Raja Ram was the original owner of the land totaling 30 bighas 4 biswas in khasra No. 485/1, Village Bijwasan, Delhi. In khasra No. 272 of Village Salampur he had land measuring 7 bighas and 1 biswas. Raja Ram died without a male descendant. His only child was Khazani who was his daughter. She is the mother of the present petitioner Bijender Kumar.

2. The contention raised by the petitioner is that the land could not devolve upon his mother and under Section 50(p) of the Delhi Land Reforms Act 1954 (DLRA) on the death of Raja Ram mutation should have been recorded in his name; inadvertently the name of his mother Khazani was recorded. The petitioner was a minor at that time. His date of birth is 01.4.1971. This act of the mutation by the Revenue Authorities of the aforenoted land in the name of his mother was in contravention of Section 50(p) of the DLRA. This has prejudiced the rights of the petitioner.

3. The mother of the petitioner expired in 1974. The land was mutated in the name of the petitioner on 16.10.1993 and this continued till when the Mutation Office

































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