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1 - 10 of 19 (1.67 seconds)Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
Again, I have to say that reliance of the Ld. Counsel on
the judgment of Anathula Sudhakar (supra) is highly mis-conceived
and mis-placed as the said judgment is not applicable in the present
case. The defendant in his written statement had also conceded to the
fact that the land upon which the suit property was constructed was
allotted to the plaintiff by Gaon Sabha being landless person in the
year 1962. Therefore, the title of the plaintiff viz-a-viz defendant was
never in any cloud and suit of the plaintiff seeking possession by
mandatory injunction on the ground that the defendant was his
licensee whose license had been terminated is perfectly maintainable.
Laxman Singh & Ors vs Urmila Devi & Ors on 28 March, 2014
In
support of his arguments the plaintiff has relied upon the following
judgments in the cases of; Gaon Sabha Budhela v. Dharam Singh,
(1984) 86 PLR 127, Laxman Sigh and others v. Urmila Devi and
others.
Sri S.K. Sarma vs Mahesh Kumar Verma on 17 September, 2002
2014 Lawsuit (Del) 1346, Bansraj Lalta Prasad v. Stanley
Parker Jones 200 AIR (SC) 3569, S.K. Sharma v. Mahesh Kumar
Verma 2002 AIR (SC) 3294, Chandu Lal v. Municipal Corporation
RCA No. 132/2019 Page No. 19 of 19
of Delhi, 1978 AIR (Del) 174, and Sant Lal Jain v. Avtar Singh,
1985 (2) SCC 332.
Sant Lal Jain vs Avtar Singh on 12 March, 1985
2014 Lawsuit (Del) 1346, Bansraj Lalta Prasad v. Stanley
Parker Jones 200 AIR (SC) 3569, S.K. Sharma v. Mahesh Kumar
Verma 2002 AIR (SC) 3294, Chandu Lal v. Municipal Corporation
RCA No. 132/2019 Page No. 19 of 19
of Delhi, 1978 AIR (Del) 174, and Sant Lal Jain v. Avtar Singh,
1985 (2) SCC 332.
Vishwa Vijai Bharti vs Fakhrul Hasan & Ors on 4 May, 1976
He further argued that onus to prove issue no. 1 upon him was
wrongly placed by the trial Court as it was for the plaintiff to prove
that he was the owner of the suit property. He further submitted that
the trial Court has no jurisdiction in view of Section 185 of Delhi
RCA No. 132/2019 Page No. 19 of 19
Land and Reforms Act. He further argued that since the title of the
plaintiff was under cloud, therefore, his suit without seeking
declaration was not maintainable. He relied upon the authorities in the
cases of; Vishwa Vijai Bharti v. Fakhrul Hasan & Ors. (1976) 3
SCC 642, Wali Mohammad (Deceased) by LRs v. Ram Surat &
Ors. 1989 AIR 2296 SC, Jagpal Singh & Ors. v. State of Punjab
(2011) 11 SCC 396, Nagar Palika, Jind v. Jagat Singh, Advocate
(1995) 3 SCC 426, Corporation of City of Bangalore v. Zulekha Bi
& Ors. (2008) 11 SCC 306, Union of India and others v. Vasavi Co-
op. Housing Society (2014) 2 SCC 269, Biraji @ Brijraji & Anr. v.
Surya Pratap and Ors. AIR 2020 SC 5483, G. Jagir Singh v.
Ranbir Singh (1979) 1 SCC 560, Anathula Sudhakar v. P. Buchi
Reddy (2008) 4 SCC 594 and Subhadara v. Surender Singh, 229
(2016) DLT 188.
Wall Mohammad (Deceased) By L.Rs vs Ram Surat & Ors on 21 September, 1989
He further argued that onus to prove issue no. 1 upon him was
wrongly placed by the trial Court as it was for the plaintiff to prove
that he was the owner of the suit property. He further submitted that
the trial Court has no jurisdiction in view of Section 185 of Delhi
RCA No. 132/2019 Page No. 19 of 19
Land and Reforms Act. He further argued that since the title of the
plaintiff was under cloud, therefore, his suit without seeking
declaration was not maintainable. He relied upon the authorities in the
cases of; Vishwa Vijai Bharti v. Fakhrul Hasan & Ors. (1976) 3
SCC 642, Wali Mohammad (Deceased) by LRs v. Ram Surat &
Ors. 1989 AIR 2296 SC, Jagpal Singh & Ors. v. State of Punjab
(2011) 11 SCC 396, Nagar Palika, Jind v. Jagat Singh, Advocate
(1995) 3 SCC 426, Corporation of City of Bangalore v. Zulekha Bi
& Ors. (2008) 11 SCC 306, Union of India and others v. Vasavi Co-
op. Housing Society (2014) 2 SCC 269, Biraji @ Brijraji & Anr. v.
Surya Pratap and Ors. AIR 2020 SC 5483, G. Jagir Singh v.
Ranbir Singh (1979) 1 SCC 560, Anathula Sudhakar v. P. Buchi
Reddy (2008) 4 SCC 594 and Subhadara v. Surender Singh, 229
(2016) DLT 188.
Nagar Palika, Jind vs Jagat Singh, Advocate on 28 March, 1995
He further argued that onus to prove issue no. 1 upon him was
wrongly placed by the trial Court as it was for the plaintiff to prove
that he was the owner of the suit property. He further submitted that
the trial Court has no jurisdiction in view of Section 185 of Delhi
RCA No. 132/2019 Page No. 19 of 19
Land and Reforms Act. He further argued that since the title of the
plaintiff was under cloud, therefore, his suit without seeking
declaration was not maintainable. He relied upon the authorities in the
cases of; Vishwa Vijai Bharti v. Fakhrul Hasan & Ors. (1976) 3
SCC 642, Wali Mohammad (Deceased) by LRs v. Ram Surat &
Ors. 1989 AIR 2296 SC, Jagpal Singh & Ors. v. State of Punjab
(2011) 11 SCC 396, Nagar Palika, Jind v. Jagat Singh, Advocate
(1995) 3 SCC 426, Corporation of City of Bangalore v. Zulekha Bi
& Ors. (2008) 11 SCC 306, Union of India and others v. Vasavi Co-
op. Housing Society (2014) 2 SCC 269, Biraji @ Brijraji & Anr. v.
Surya Pratap and Ors. AIR 2020 SC 5483, G. Jagir Singh v.
Ranbir Singh (1979) 1 SCC 560, Anathula Sudhakar v. P. Buchi
Reddy (2008) 4 SCC 594 and Subhadara v. Surender Singh, 229
(2016) DLT 188.
Corporation Of City Of Bangalore vs Zulekha Bi & Ors on 24 March, 2008
He further argued that onus to prove issue no. 1 upon him was
wrongly placed by the trial Court as it was for the plaintiff to prove
that he was the owner of the suit property. He further submitted that
the trial Court has no jurisdiction in view of Section 185 of Delhi
RCA No. 132/2019 Page No. 19 of 19
Land and Reforms Act. He further argued that since the title of the
plaintiff was under cloud, therefore, his suit without seeking
declaration was not maintainable. He relied upon the authorities in the
cases of; Vishwa Vijai Bharti v. Fakhrul Hasan & Ors. (1976) 3
SCC 642, Wali Mohammad (Deceased) by LRs v. Ram Surat &
Ors. 1989 AIR 2296 SC, Jagpal Singh & Ors. v. State of Punjab
(2011) 11 SCC 396, Nagar Palika, Jind v. Jagat Singh, Advocate
(1995) 3 SCC 426, Corporation of City of Bangalore v. Zulekha Bi
& Ors. (2008) 11 SCC 306, Union of India and others v. Vasavi Co-
op. Housing Society (2014) 2 SCC 269, Biraji @ Brijraji & Anr. v.
Surya Pratap and Ors. AIR 2020 SC 5483, G. Jagir Singh v.
Ranbir Singh (1979) 1 SCC 560, Anathula Sudhakar v. P. Buchi
Reddy (2008) 4 SCC 594 and Subhadara v. Surender Singh, 229
(2016) DLT 188.
Nirmala Sahu vs State Of Chhattisgarh 40 Wps/432/2017 ... on 18 May, 2018
6. The plaintiff assails the impugned judgment on the
grounds that trial Court has failed to consider that the defendant did
not discharge the onus to prove issue no. 1 as they had failed to prove
any document thereof. The plaintiff further contended that the trial
Court failed to consider that the plaintiff acquired statutory right as per
Section 8 of Delhi Land and Reform Act and Rule 5 of Delhi Land
and Reform Rules. He further argued that trial Court ignored the fact
that the plaintiff acquired proprietary right of the suit property in the
year 1962 and defendant no. 1 was born on 10.05.1979. He further
canvassed that Ld. trial Court did not take into consideration the
admission by defendant no. 1 in para-1 of his suit titled as Ravi
Sharma v. Mahohar Lal Sharma, wherein he admitted that the suit
property was allotted to landless persons in the year 1962 by Gaon
Sabha. He further argued that trial Court has failed to consider the fact
that defendants were the licensee of the plaintiff in respect of suit
property and their license was duly terminated by the plaintiff.