Delhi District Court
Sh. Man Singh vs The Vice Chairman on 27 January, 2016
IN THE COURT OF SH. TARUN YOGESH
SCJ/RC (CENTRAL), THC/DELHI
RCA No. : 49/13
Unique ID No. : 02401C0465692013
Sh. Man Singh
S/o Late Brij Lal
R/o H. No. 4837/44,
Regarpura, Karol Bagh,
New Delhi 110 005. .......Appellant
Versus
1. The Vice Chairman
Delhi Development Authority
I.N.A. Vikas Sadan,
New Delhi.
2. Asstt. Collector (IInd Class)
Survey & SettlementI,
Delhi Development Authority,
Press Building, Second Floor,
I.N.A., Vikas Sadan,
New Delhi.
3. Smt. Phool Wati
D/o Smt. Vidya Devi
4. Sh. Davender
S/o Smt. Vidya Devi
5. Sh. Jaswant Singh
S/o Smt. Vidya Devi
6. Smt. Beena
W/o Late Bhawani Shankar,
(Daughterinlaw of Smt. Vidya Devi)
7. Baby Lakshiya, (Minor)
8. Baby Nandita, (Minor)
Man Singh Vs. DDA & Ors. Page 1 of 5
Both grand daughters of
Smt. Vidya Devi
(through their mother and natural guardian Smt. Beena).
All respondents no. 3 to 8
R/o 3291/28,
Beadonpura, Karol Bagh,
New Delhi - 110 005. .......Respondents
Date of institution of appeal : 16.09.2013
Date on which judgment was reserved : 21.01.2016
Date on which judgment was pronounced : 27.01.2016
JUDGMENT
1. Appellant Sh. Man Singh (hereinafter referred as plaintiff) has filed appeal for assailing order dated 13.08.2013 passed by Ld. Civil Judge, Central District, Tis Hazari Courts, Delhi rejecting his plaint under Order VII Rule 11 (d) of CPC.
2. Precisely stated, facts giving rise to filing of appeal against impugned order are discussed as under: 2.1 Plaintiff Sh. Man Singh filed his suit for mandatory injunction impleading The Vice Chairman and Assistant Collector (IInd Class), Survey & SettlementI, Delhi Development Authority as defendants no.1 and 2 alongwith LRs of Smt. Vidya Devi arrayed as proforma defendants no. 3 to 8 for directing defendants (DDA) to withdraw mutation letter dated 01.07.2004 by canceling mutation in the name of Smt. Phool Wati, Sh. Davender Kumar and other LRs of Smt. Vidya Devi and mutate the property bearing no. 4837/44, Regarpura, khasra no. 971, Basti Regarpura, Karol Bagh, New Delhi in his favour. 2.2 Defendants no. 1 & 2 filed their joint written statement for seeking dismissal of plaintiff's suit in the absence of notice U/s 53B of DDA Act besides their prayer for rejecting his plaint for want of cause of action as mutation of property was allowed vide no. 28759 dated 01.07.2004 on the basis of Will dated 05.05.1998 of late Brij Lal Ganola. Further, defendants also alluded to Man Singh Vs. DDA & Ors. Page 2 of 5 mutation no. 28760 in favour of Smt. Vidya Devi (widow) and other LRs of late Prabhu Dayal besides adverting to relinquishment of 1/3 rd share of Sh. Lakhpat Rai and 1/15th share of Smt. Vidya Devi subsequent to which mutation no.28761 was allowed and plaintiff became entitled for 11/15 th share of leasehold rights in disputed property.
2.3 Joint written statement on behalf of defendants no. 3 to 8 was also filed before Ld. Trial Court for opposing plaintiff's suit as time barred (filed beyond prescribed period of limitation) and for claiming their right to 4/15 th share of property of late Prabhu Dayal after relinquishment of 1/15 th share by Smt. Vidya Devi.
3. Plaintiff filed his replication and matter was listed for plaintiff's evidence after settlement of issues. Perusal of Trial Court record discloses that some settlement was arrived between plaintiff and defendant no. 4 subsequent to tendering of plaintiff's affidavit on 09.05.2012 and exhibiting his documents on 02.01.2013 (which is recorded in order sheets dated 11.04.2013 and 14.05.2013), however, defendant no. 5 filed his application under Order VII Rule 11 r/w sec. 151 CPC for seeking rejection of plaint by adverting to section 158 of Punjab Land Revenue Act, 1887 which bars the jurisdiction of Civil Court.
4. Plaintiff filed his reply to defendants' application and after hearing submissions addressed by ld counsels, Ld. Trial Court vide impugned order dated 13.08.2013 rejected his plaint under Order VII Rule 11 (d) CPC by concluding that jurisdiction of Civil Court was barred in view of section 158 (2)
(vi) of Punjab Land Revenue Act.
5. Impugned order of Ld. Trial Court has been assailed by plaintiff inter alia upon following grounds : 5.1 That Ld. Trial Court has passed its order upon wrong interpretation of provision of law having failed to consider the second (independent) relief of plaintiff for directing respondents (DDA) to mutate property no. 4837/44, Regarpura, Khasra no. 971, Basti Regarpura, Karol Bagh, New Delhi 110 005 in favour of plaintiff.
Man Singh Vs. DDA & Ors. Page 3 of 55.2 That Ld. Trial Court has passed impugned order rejecting his plaint notwithstanding the fact that provision of Punjab Land Revenue Act would not apply to his case as officials of DDA had wrongly and illegally mutated the property in favour of respondents no. 3 to 8 despite relinquishment of share by Smt. Vidya Devi in plaintiff's favour who had become the sole owner of property. 5.3 That impugned order dated 13.08.2013 is illegal, ultravires and contrary to the facts on record as Ld. Trial Court has failed to consider the original papers of suit property which were overlooked by officials of DDA at the time of mutating the property in favour of respondents no. 3 to 8 despite relinquishment of shares of Sh. Lakhpat Rai and Smt. Vidya Devi in plaintiff's favour and therefore LRs of Smt. Vidya Devi were left with no right in the suit property.
6. Adv. Sh. B. M. Gupta for appellant, Adv. Sh. V. S. Rana for respondents no. 3, 5, 6, 7 & 8 and Adv. Sh. K. D. Sharma for respondents no. 1 & 2 have addressed their oral submissions and written arguments on behalf of appellant and respondents no. 5 to 8 were also filed on judicial record.
7. Having heard their rival submissions, it would be apt to refer to section 158 of The Punjab Land Revenue Act, 1887 which excludes jurisdiction of Civil Courts. Relevant portion of section 158 of Punjab Land Revenue Act, 1887 is reproduced below for reference:
"158. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenueofficers - Except as otherwise provided by this Act (1) ........
(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely:
(i).........
(ii) any claim to compel the performance of any duties imposed by this act or any other enactment for the time being in force on any Revenueofficer, as such;Man Singh Vs. DDA & Ors. Page 4 of 5
(iii).........
(iv).........
(v).........
(vi) the correction of any entry in a recordofrights, annual record or register of mutations".
8. Section 1 (2) of the Punjab Land Revenue Act, 1887 extents its operation to that part of Union Territory of Delhi which is described in Schedule A to Delhi Laws Act, 1912 and section 13 of the Act provides for appeal from original or appellate order of Revenue Officer before the Collector, Commissioner and Financial Commissioner within the period of limitation prescribed U/s 14 of the Act.
9. Since plaintiff' suit for directing respondents (DDA) to mutate the property in his name was opposed by respondents by adverting to relinquishment of 1/3rd and 1/15th shares by Sh. Lakhpat Rai and Smt. Vidya Devi whereas remaining 4/15th share of disputed property was mutated in the name of respondents no. 3 to 8 being LRs of late Prabhu Dayal, so, no direction could be given to respondents (DDA) without seeking declaration of plaintiff's title in whole property including 4/15 th share of respondents no. 3 to 8 as LRs of late Prabhu Dayal. Therefore, in the absence of declaration of his title in respect of whole of property, plaintiff's suit for mandatory injunction is even otherwise not maintainable as per section 41 (h) of Specific Relief Act, 1963.
10. Appeal filed against impugned order dated 13.08.2013 of Ld. Trial Court rejecting his plaint is accordingly dismissed. Parties to bear their own costs. Decree sheet be prepared accordingly.
Trial Court Record be sent back alongwith copy of this order. Appeal file be consigned to Record Room.
Announced in open court (Tarun Yogesh) on 27th January, 2016. SCJ/RC (Central),THC/Delhi Man Singh Vs. DDA & Ors. Page 5 of 5