Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 185/23
Badshah Ali Vs. Yashpal & Ors.
19/04/2023
Present : None for plaintiff despite repeated calls.
Sh. Avinash Pandey, Ld. Counsel for
defendants with defendant no. 1 & son of
defendant no. 3 (physically appeared).
Ld. Counsel for the defendant submits that as
earlier he was not having sufficient time, now the
defendants have secured some documents qua the suit
property. Therefore, he wants to file the same.
In the interest of justice, considering the facts
and circumstances of the matter, the request is acceded.
The documents are taken on record.
Put up for orders at 4:00 p.m.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 19/04/2023
At 4:00 p.m.
Present : None.
Order on application under Order XXVI CPC
moved on behalf of plaintiff.
Arguments have already been heard.
It is the contention of plaintiff that the plaintiff is
owner of 4000 Sq. Yards out of Khasra No. 265/173 of
Village – Mukundpur, Delhi. The defendants have already
dispossessed him from 1100 Sq. Yards and he has already
filed a separate suit for possession against defendants.
Now, according to him, the defendants are trying to
Contd.....
-- 1 of 3 --
-/2/-
dispossess the plaintiff from remaining 2900 Sq. Yards
claiming that the suit property falls in Khasra No. 266/173
of Village – Mukundpur, Delhi. Therefore to ascertain
correct Khasra Number of the suit property, he has filed
present application. He has also requested for Status Quo
qua the suit property till the report filed by Tehsildar
concerned under Section 28 of Delhi Land Reforms Act r/w
Rules 403 and 412.
Per contra, Ld. Counsel for defendants has
vehemently opposed the present application. He has
contended that the suit property falls under Khasra
No. 466/173 of Village – Mukundpur, Delhi. The plaintiff
had tried to trespass in the suit property and the Police
was also called. He has also relied upon various
documents claiming that the suit property falls under the
Khasra No. 266/173 of Village – Mukundpur, Delhi.
I have considered submissions of both the
Ld. Counsels and also gone through the judicial file.
At the outset, it is observed that the plaintiff is
claiming that the suit property falls under Khasra
No. 265/173 of Village - Mukundpur however, the
defendant is claiming that the suit property falls under
Khasra No. 266/173 of Village – Mukundpur, Delhi. The
defendant has filed various documents where Khasra
Numbers are mentioned as 266 and 265. He has also filed
some documents wherein Khasra No. 262/174 are also
mentioned. As per the facts, it is important to know the
correct Khasra number of the suit property to arrive at just
Contd.....
-- 2 of 3 --
-/3/-
decision of the suit. And no one is a better person to tell
correct Khasra Number than the Revenue Officials,
therefore considering the overall facts and circumstances,
in the interest of justice, and to arrive at just decision, the
application is allowed. The Tehsildar concerned is hereby
directed to carryout demarcation qua the property bearing
no. 265/173 (13-12), 265/173 (2-8) and Khasra
No. 266/173 of Village – Mukundpur, Delhi at the cost of
plaintiff. The Tehsildar shall apprise the Court about his
fees as well as the other charges for demarcation which
shall be born by the plaintiff. The Tehsildar shall give prior
notice of his visit to the spot to the Ld. Counsels as well as
to both the parties so that the parties and their Counsels
can reach the spot to participate in Demarcation
Proceedings. The Demarcation shall be conducted before
the parties to the suit or their Authorized Representatives.
The Tehsildar shall file his report on the next date of
hearing.
Put up for filing of report / further proceedings
on 03/06/2023. Copy be given Dasti to the parties to the
suit and be also sent to concerned Tehsildar for
compliance.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 19/04/2023
-- 3 of 3 --