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Section 185 – The Delhi Land Reforms Act, 1954

The Delhi Land Reforms Act, 1954

 

185. Cognizance of suits, etc, under this Act. –  

 

(1) Except as provided by or under this Act no court other than a court mentioned in column 7 of Schedule I shall , notwithstanding anything contained in the Code of Civil Procedure, 1908, take cognizance of any suit, application, or proceedings mentioned in column 3 thereof.

 

(2) Except as hereinafter provided no appeal shall lie form an order passed under any of the proceedings mentioned in column 3 of the Schedule aforesaid.

 

(3) An appeal shall lie from the final order passed by a court mentioned in column 3 to the court or authority mentioned in column 8 thereof.

 

(4) A second appeal shall lie from the final order passed in an appeal under sub section (3) to the authority, if any, mentioned against it in column 9 of the Schedule aforesaid..

 

COMMENTS

 

(i) The Act has created a whole hierarchy of courts for the determination of the question relating to rights and liabilities regarding land. In such an event and even on a plain reading of Section 185 the jurisdiction of Civil Courts is ousted by implication. Kacheru v.Risal Singh ILR (1970 11-Delhi Pg.29) Gaon Sabha of Lado sarai versus Jage Ram ILR (973) 1 Delhi Page 984.

 

(ii) Section 185(1) – Jurisdiction of Civil Courts – Plaintiff claiming in substance bhumidhari right and challenging vesting order in consequence – such a suit cannot be brought in Civil Court. In this case the Plaintiff, claim in substance was that he had bhumidari rights in the suit land and the vesting order was contrary to law, the court held that such a suit could not be brought in the Civil Courts by virtue of Section 185(1) of the Act.

 

(a) The Act was a complete code and the civil court had no jurisdiction in view of Section 185(1) of the Act to entertain a suit in which the plaintiff alleges that he is the proprietor of the suit land and asks for declaration that he is entitled to bhumidhari rights in respect of the said land.

 

CASES REFERRED

 

– Hatti v. Sunder Singh (1970)2 SCC 841.

 

– Balbir Singh v. Pehlad AIR 1988 Delhi 312.

 

– Narender Singh v. Khaliqur Rehman AIR 1974 DELHI 184.

 

 

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The Delhi Land Reforms Act, 1954

 

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