TaxTMI 
TaxTMI 
TaxTMI 
2020 (11) TMI 1132
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....n 7.10.1960 holding that the plaintiffs are owners and Bhumidars of land comprising in Khasra No. 238. The Union of India had filed an application under Section 161-B of the Delhi Land Reforms Act, 1954 [For short, the 'Reforms Act'] for setting aside the said decree dated 7.10.1960 but such application was dismissed by Sub-Judge, First Class, Delhi on 24.5.1968. 3. The plaintiffs alleged that defendant No. 1 claimed that Khasra No. 238 is part of the land allotted to it. The suit for permanent injunction was thus filed by the plaintiffs apprehending threat to their possession of land comprising Khasra No. 238, Village Basai Darapur, Delhi against defendant No. 1 i.e. The Refugees' Cooperative Housing Society Ltd., its President - defendant No. 2, Secretary - defendant No. 3 and defendant No. 4, Kirpa Ram, predecessor in interest of the present appellants. Two separate sets of written statements were filed before the Court, one by defendant Nos. 1 to 3 and another by defendant No. 4. The defendant Nos. 1 to 3 raised preliminary objection that the jurisdiction of the Civil Court relating to Bhumidari land is barred under Section 85 of the Reforms Act. It was stated that defendant....
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....a number the land in dispute falls. It was thus held that suit land falls in Khasra No. 238 in Village Basai Darapur and is in the possession of the plaintiffs, therefore, the suit was decreed. 7. Issue Nos. 4 and 5 were taken up for decision together. The plaintiffs had produced site plan (Ex.PW-3/1) pertaining to the year 1953-54 when consolidation took place in Village Shakarpur. The plaintiffs also produced site plan (Ex.PW-3/3) of Village Basai Darapur. The learned trial court held that the consolidation had taken place in Village Shakarpur and not in Village Basai Darapur. Therefore, the area of Khasra No. 238 could not be reduced from 4 Bighas 3 Biswas to 2 Bighas 6 Biswas. It was held by the trial court as under: "18. ...One thing remains certain that the present defendants have no concern in Khasra no. 238 village Basai Darapur. Either it belongs to the plaintiffs or it vests in the Gaon Sabha. The present defendants, who are third parties, have no right to challenge the said judgment and decree passed in favour of the present plaintiffs. Therefore, I hold that plaintiffs are the owners of khasra no. 238, village Basai Darapur." 8. The first appeal was filed....
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....is barred as it is a boundary dispute between the Village Basai Darapur and Village Shakarpur and such dispute has to be decided in terms of Section 28 of the Delhi Land Revenue Act, 1954 by the Commissioner. 13. The High Court vide judgment dated 25.8.2008 dismissed the second appeal filed by the appellants herein. Aggrieved by the findings of the High Court, defendant No. 4 is in appeal before this Court. 14. The primary argument raised by learned counsel for the appellants is that the High Court has dismissed the appeal without framing any substantial question of law which is mandatory in terms of Section 100 of the Code. It was submitted that since the High Court has dismissed the appeal without framing substantial question of law, the matter should be remitted back to the High Court for determination of such substantial question of law framed by the appellants, as reproduced above. In support of the arguments, the appellants relied upon various judgments.^[1] 15. It has been argued that the First Appellate Court had ordered that the question of jurisdiction of Civil Court would be decided first, however the appeal was decided without dealing with the said issue. It is....
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....are not relevant to the plea raised by the appellant. 18. The Land Revenue Act does not expressly bar the jurisdiction of the Civil Court in respect of boundary disputes. The boundary disputes are between two revenue estates and does not include the demarcation of the land of the parties. Section 83 of the Land Revenue Act bars the jurisdiction of the Civil Court in respect of : (a) the arrangement of area of the patwaris; (b) claims by any person to any of the offices mentioned in section 13 or 14 or to any emolument or fees appertaining to such office, or in respect of any injury caused by his exclusion therefrom, or claims by any person to nominate persons to such offices; (c) the formation of the record of rights or the preparation, signing, or attestation of any of the documents contained therein, or the preparation of the annual register. No such dispute arises for consideration in the present matter. 19. Still further, the suit is simpliciter for injunction based upon possession of the property. The said suit could be decided only by the Civil Court as there is no mechanism prescribed under the Land Revenue Act for grant of injunction in resp....
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....y illegality in not framing any substantial question of law while dismissing the appeal filed by the appellants. 22. The argument of Mr. Mehta is that substantial question of law is required to be framed by the High Court while deciding the second appeal. We don't find any merit in the argument. Section 100 of the Code reads as under: "100. Second appeal.-(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. (2) An appeal may lie under this section from an appellate decree passed ex parte. (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be all....
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....erse possession had been overlooked by the High Court. There are also certain other aspects of the matter which could not be overlooked and probably would require closer examination by the High Court. 34. The High Court while determining the question should have formulated substantial questions of law in terms of Section 100 of the Code of Civil Procedure, 1908. In absence of formulation of such substantial questions of law, probably the High Court committed the errors as pointed out hereinbefore." 25. In a judgment reported as Ashok Rangnath Magar v. Shrikant Govindrao Sangvikar [(2015) 16 SCC 763], this Court held that the second appeal can be dismissed without even formulating the substantial question of law. The Court held as under: "18. In the light of the provision contained in Section 100 CPC and the ratio decided by this Court, we come to the following conclusion: (i) On the day when the second appeal is listed for hearing on admission if the High Court is satisfied that no substantial question of law is involved, it shall dismiss the second appeal without even formulating the substantial question of law; (ii) In cases where the High C....