1989 (7) TMI 338

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....aon Sabha on the basis that it had vested under the provisions of the Delhi Land Reforms Act, 1954, (hereinafter referred to as 'the Act') was wrong, void and without juris- diction and for a further declaration that she was entitled to bhumidhari rights in the property under section 11 of the Act. Her suit was decreed in the trial court and the said decree was affirmed in appeal but at the instance of defend- ant no. 1, Gaon Sabha, the High Court in second appeal reversed the decrees of the courts below and dismissed the suit. The suit was instituted on 16.8.1966. The decision of this Court in the case of Hatti v. Sunder Singh, [1971] 2 SCR 163 settled the legal position that a claim under section 11 of the Act for declaration o....

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....ry including pisciculture and poultry farming and includes-- (a) buildings appurtenant therto, (b) village, abadis, (c) grovelands, (d) lands for village pasture or land covered by water and used for growing singharas and other produce or land in the bed of a river and used for casual or occasional cultivation." The definition of land in the Act is wide and in paragraph 4(d) ' the admitted position is fuel wood was being grown on the property. 'Horticulture', 'garden' and 'groveland' in the absence of statutory definitions, would have the common parlance meaning. 'Horticulture', as the Shorter Oxford English Dictionary indicates means: "the cultivation of a ....