Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 772/25
SATPAL Vs. ARUN KUMAR
15.10.2025
Present: Plaintiff in person alongwith Ld. Proxy Counsel Ms.
Khushi Maurya.
On perusal of the case file, it is observed that the matter is
at the stage of orders on summoning.
Kept awaited at 04:00 PM.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
15.10.2025
AT 04:00 PM
Present: None.
It is seen that the present suit has been filed seeking the
relief of simplicitor injunction. The plaintiffs have claimed to be owners
of suit property / land falling in Khasra No. 73/18, measuring 4
bighas –
1
biswa, situated in Village Jaunti, Tehsil Kanjhawala, North West
District, Delhi. It has been averred that plaintiffs have been in possession
of the abovesaid suit land and have been farming thereat since 1974.
Defendant no. 1 is stated to be the owner and in possession of suit
property / land falling in Khasra No. 73/17, measuring 4
bighas – 1
biswa, situated in Village Jaunti, Tehsil Kanjhawala, North West District,
Delhi, having purchased it through defendant no. 2. It is now averred
that the defendants have been trying to dispossess the plaintiff from the
suit property / trespass onto the same, giving rise to the circumstances to
file the present suit for permanent injunction.
Since the suit land is vacant and no demarcation has been
undertaken to show / establish effective possession, with no
title documents having been filed, Court query was raised as to the
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maintainability of the suit vis-a-vis proper identification of the suit
property – which obviously cannot be done through the form and
manner in which the present suit has been filed. In response to the same,
plaintiffs have filed on record
khatoni pertaining to the year 2006-07 qua
the suit land wherein their names alongwith their third brother are
recorded (the third brother having already sold off his share to some
third person). Based upon such
khatoni document, the plaintiffs have
averred that they are the actual owners and in possession of the suit land.
The Court is not entirely convinced as in case of vacant lands,
possession goes with the title and clearly,
khatoni documents do not
strictly establish either the title or possession. Superior courts have held
that such documents or even other revenue record documents for that
matter, do not confer substantive rights and are only considered /
germane for fiscal purposes.
Having said so, the
khatoni document filed shows the
names of the plaintiffs as being ‘Bhumidar’ qua the suit land and since
the suit proceedings have not yet commenced and suit is at initial stage
only, for the time being, the documents filed by the plaintiffs may be
relied upon to the limited extent of summoning the defendants, leaving
open the question of possession to be established as per law in suit
proceedings going forward.
Accordingly, material already on record is found to be
sufficient to summon the defendants.
In view of the above, let summons be issued to the
defendants on filing of PF / RC / through all prescribed modes
returnable for NDOH.
Re-list on 04.12.2025.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
15.10.2025
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