Ramchandra Aggarwal And Anr vs State Of Uttar Pradesh & Anr on 5 May, 1966
4. A reference to the plaint in the present case shows that
Sh.Ghasi has not claimed any title to the land either by purchase from
Lakhi, the original owner or by devolution from him or by purchase from
the legal heirs of Lakhi. It is possible that Ghasi and his legal heirs may
have (and I do not pronounce upon this in any manner) rights being
devolved upon them under certain provisions of Delhi Land Reforms Act,
1954. This position is of course very vehemently disputed by learned
senior counsel for the appellants. Whether Ghasi and his legal heirs had
or had not any title, was not an issue in the subject suit because neither
was such a case made out in the plaint nor was the case argued on such
basis. Since parties were ignorant of the decisions of the Supreme Court
in the cases of Ramchandra Aggarwal and Bhinka (supra), the subject
case was contested with respect to who was in possession, although, in
view of the decisions in the case of Ramchandra Aggarwal and
Bhinka (supra) this aspect was no longer open for being
RFA No. 524/89 & Cont.Cas(C) No.243/2008 Page 5 of 7
decided by a Civil court under Section 146(1)(1E). As already observed
above, in view of the decisions of the Supreme Court, entitlement of Ghasi
has necessarily to be on the basis of a legal right, title or interest to the
subject lands.