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Section 84 – The Delhi Land Reforms Act, 1954

The Delhi Land Reforms Act, 1954

 

84. Ejectment of persons occupying land without title. – 

 

[(1) (Note: Renumbered by Act 38 of 1965) A person taking or retaining possession of land otherwise than in accordance with the provisions of the law for the time being in force, and

 

(a) Where the land forms part of the holding of a Bhumidhar or Asami without the consent of such Bhumidhar or Asami, or

 

(b) Where the land does not form part of the holding of a Bhumidhar or Asami without the consent of the Gaon Sabha.

 

Shall be liable to ejectment on the suit of the Bhumidhar, Asami or Gaon Sabha, as the case may be and shall also be liable to pay damages.

 

[(2) (Note: Inserted by Act 38 of 1965) Where any person against whom a decree for ejectment from any land has been executed in pursuance of a suit under sub-section (1) re-enters or attempts to re-enter upon such land otherwise than under authority of law , he shall be presumed to have done so with intent to intimidate or annoy the person in possession or the Gaon Sabha, as the case may be, within the meaning of section 441 of the Indian Penal Code.

 

COMMENTS

 

(i) In view of the scheme of the Act, under Sec.84, the right to institute a suit for possession was granted only to (i) a Bhumidhar, (ii) an Asami, or

(iii) the Gaon Sabha.

 

The Act envisaged only these three classes of persons who would possess right in agricultural land after the commencement of the Act. Proprietors as such having ceased to exist could not therefore, institute a suit for possession.

 

(ii) Section 84 of the Delhi Land Reforms Act does not govern the proceedings before the Civil Court. It does not take into consideration the acts of the Civil Court delivering possession to a party in execution of its order or decree. Such a matter would be determined by the provisions of the Civil Procedure Code itself and not by Section 84 of the Act.

 

 

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The Delhi Land Reforms Act, 1954

 

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