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IN THE HIGH COURT OF DELHI
Hima Kohli, J.
Jeet Singh - Appellant
Versus
Dashrath Yadav - Respondent
RFA 815 of 2015, 818 of 2015, 821 of 2015 and 822 of 2015
Decided On : 16-02-2017




ORDER

1. In the present four appeals, the appellant/plaintiff has assailed a common order dated 15.07.2015, passed by the learned trial court, allowing four separate applications filed by the respondents/defendants under Order VII Rule 11 CPC and rejecting the plaints in all the four suits for possession instituted by him against the respondents/defendants, all residents of Khasra No. 36/23, 36/24, 36/17 and 38/18, Delhi, on the ground that the said suits are barred under Section 185 of the Delhi Land Reforms Act,1954 (hereinafter referred to as `the Act').

2. With the consent of the parties, RFA 815/2015 is treated as the lead matter and for the sake of convenience, the facts of the said appeal are being noticed.

3. In July, 2014, the appellant/plaintiff had instituted a suit for possession against the respondent/defendant, calling upon him to hand over vacant peaceful possession of a parcel of land measuring 67 sq. yards comprised in Khasra No.36/23 (4-16), situated in the revenue estate of village Rani Khera. The plaintiff has stated in the plaint that he is a "co-Bhumidar/owner" of the subject land; that Khasra No. 36/23 was acquired alongwith other landholdings belonging to him vide Award No.8/2005-06 dated 12.07.2005, made by the Land Acquisition Collector, District North-West, Kanjhawala; that in the year 2006, the respondent/defendant had encroached upon the subject land and had raised a temporary construction thereon despite objections raised by the appellant/plaintiff. After the Award was made, the appellant/plaintiff stopped undertaking cultivation activity on the land under the bona fide impression that possession thereof had been taken over by the Government.

4. Subsequently, the respondent/defendant and some others had filed a writ petition in this Court, registered as W.P.(C) 4260-89/2006 against the government agencies stating inter alia that they were residents of an unauthorized colony, known as Bhagya Vihar situated in village Rani Khera, Delhi and seeking regularization of the said colony under Section 48 of the Delhi Land Reforms Act. Further, a prayer was made in the said petition for quashing of the Notification dated 21.03.2003, issued by the Land Acquisition Collector under Section 4 of the Act. Vide order/judgment dated 22.03.2006, the aforesaid writ petition was disposed of alongwith the connected petitions asking for similar relief with directions to the respondent therein to consider the representation of the petitioners under Section 48 of the Land Acquisition Act.

5. The appellant/plaintiff claims that he came to know about passing of the aforesaid order in the connected petitions in the year 2006 itself. He states that he was not paid any compensation in respect of the acquired Khasra No.36/23, 36/24, 36/17 and 38/18 for the reason that they form a part of the unauthorized colony, commonly known as Bhagya Vihar. To substantiate the said submission, the appellant/plaintiff has filed a copy of the Kabza Karwahi in respect of the land, subject matter of Award No.8/2005-06, which specifically states that the aforesaid Khara Nos. were found to be built up on the spot and therefore, possession was not taken over. In para 5 of the plaint, it has been averred that one Shri Madhav Ray had entered into an Agreement to Sell with the appellant/plaintiff and other co-Bhumidars for purchasing the subject Khasra Nos. but he had failed to pay the entire sale consideration. At the same time, Shri Madhav Ray had executed certain documents in favour of the respondents/defendants and some other persons by carving out plots from the subject landholding. Raising a grievance that though the respondent/defendant had no right, title or interest in the subject land, he had raised a temporary construction, the appellant/plaintiff had served upon him a legal notice, calling upon him to hand back the possession of the subject land to him. The respondent/defendant however failed to give a reply. Asserting that he i

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