85. Failure to file suit under section 84 or to execute decree obtained there under. –
If a suit is not brought under [(Note: Substituted by Act 38 of 1965) Sub-section(1) of section 84] or a decree obtained in any such suit is not executed within the period of limitation provided for the filing of the suit or the execution of the decree, the person taking or retaining possession shall –
(i) Where the land forms part of the holding of a Bhumidhar, become a Bhumidhar thereof;
(ii) Where the land forms part of the holding of an Asami on behalf of the Gaon Sabha, become an Asami thereof;
(iii) In any case to which the provisions of clause (b) of section 84 apply, become a Bhumidhar or Asami as if he had been admitted to the possession of the land by the Gaon Sabha.
[(Note: Inserted by Act 38 of 1965) “Provided that if in the revenue records of the fails year ending on the 30th June, 1954,the land referred to in clause (iii) was not included in the holding of the person taking or retaining possession or his predecessor-in interest, then , notwithstanding the expiry of the aforesaid period of limitation for such suit or decree, the suit may be filed or the decree obtained in such suit may be executed within a period of three years from the date of passing of the Delhi Land Reforms (Amendment) Act, 1965.]
Provided further that the benefit of the extension of the period of limitation under the proceeding proviso shall not be availed fin any case where a person who has become a Bhumidhar in respect of any land under clause (iii) has transferred such land to another person for valuable consideration before 10the May, 1965.