SMT. KASTURI (DEAD) BY L.RS. versus GAON SABHA

SMT. KASTURI (DEAD) BY L.RS. versus GAON SABHA

The disputed property constitutes 'land' under section 3(13) of the Delhi Land Reforms Act, 1954; relief regarding declaration of bhumidhari rights is not maintainable in civil court owing to section 185; definitions from other statutes are not relevant where a statute provides its own definition.

Parties
Appellant Plaintiff: SMT. KASTURI (DEAD) BY L.RS.; Respondent Defendant: GAON SABHA
Jurisdiction
India
Judgment Date
27 July 1989
Procedural Posture
Civil Appeal / Supreme Court Final Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Definition of 'land' Under Delhi Land Reforms Act, Vesting of Land, Exclusive Jurisdiction of Revenue Court
Land Law Statutory Interpretation Definition of 'land' Under Delhi Land Reforms Act Vesting of Land Exclusive Jurisdiction of Revenue Court

Case Brief

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Parties

SMT. KASTURI (DEAD) BY L.RS.

Appellant Plaintiff

GAON SABHA

Respondent Defendant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal by Special Leave

Legal Issues

  1. 1 Whether the disputed property constitutes 'land' under section 3(13) of the Delhi Land Reforms Act, 1954
  2. 2 Whether a civil suit for declaration of bhumidhari rights is maintainable under the Act

Ratio Decidendi

The disputed property constitutes 'land' under section 3(13) of the Delhi Land Reforms Act, 1954; relief regarding declaration of bhumidhari rights is not maintainable in civil court owing to section 185; definitions from other statutes are not relevant where a statute provides its own definition.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment of High Court upheld
  • Each party to bear respective costs in this Court