The court determined that properties categorized as residential within the Lal Dora do not fall under the jurisdiction of Delhi Land Reforms Act, allowing the civil court to hear the suit.

1. There are two applications filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) - the first, I.A. 24756/2015, is filed by defendant Nos. 1 to 8; and the second, I.A. 38035/2024, is filed by defendant Nos 9 and 10. Both applications seek rejection of the plaint primarily on two grounds. Firstly, the suit, insofar as it relates to agricultural lands, is barred by law specifically under Section 50 and Section 185 of the Delhi Land Reforms Act, 1954 (hereinafter referred as DLR Act) and Section 83(c) of the Delhi Land Revenue Act, 1954, as the disputes, as such, fall outside the jurisdiction of a Civil Court. Secondly, the suit is barred by limitation under the provisions of the Limitation Act, 1963 . Given that the applicants’ interest is confined to specific agricultural lands and considering the statutory bars and jurisdictional limitations, it is submitted that the plaint deserves to be rejected at the threshold.

2. The facts of the case, as set out in the plaint, indicate that the plaintiff’s claim is based on the assertion that late Sh. Kanwal Singh was the owner of both agricultural and residential properties situated in the revenue estate of Village Kanjhawala, Delhi. The plaintiff has outlined the family lineage in support of her claim by presenting a pedigree chart in paragraph No. 1 of the plaint, which is reproduced below:

Late Sh. Kanwal Singh

(expired on 18.07.1996)

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Dhara Singh (expired nov’12) Brahm Prakash (d. 04.10.1982) – Smt Santosh (Wife, Remarried)

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| | | | | Dharmender Ravinder Rajesh Jai Bhagwan Smt. Poonam (daughter)

(Defendants) (Plaintiff)

3. According to the plaint, the properties in question consist of agricultural land, plots in the extended Lal Dora Abadi, and plots/houses in the Old Lal Dora Abadi of Village Kanjhawala, Delhi. The properties are as follows:

i. Agricultural land measuring 30 Bighas and 12 Biswas out of Khasra No. 63/9 (4-16), 10 (3-05), 11 (4-17), 12 (4-16), 13 (2-08), 19 (2-08), 20 (4-16), 64/16 (2-02) 8b 62/22 Min (1-04) situated in the Revenue Estate of Village Kanjhawala, Delhi.

ii. Agricultural land measuring 23 Bighas & 12 Biswas out of Khasra No. 78/13 (2-04), 14 (3-04), 78/15 (0-08), 17 (4-16), 18 (2-16), 22 (4-00), 23 (3-06), 78/24 (0-03), 24 West (2-04) & 77/11 (0- 11) situated in the Revenue Estate of Village Kanjhawala, Delhi.

iii. Agricultural land measuring 6 Bighas and 9 Biswas out of Khasra No. 78/11 (0-02), 78/12 (0- 13), 78/13 (1-00), 18 (2-00), 78/19(0-04), 22(0- 18), 23 (1-10), 77/11 (0-02), situated in the Revenue Estate of Village Kanjhawala