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Sh.Babu Ram vs Mangat Singh & Ors. on 17 February, 2011 cites

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.
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