HATTI versus SUNDER SINGH

HATTI versus SUNDER SINGH

Reliefs claimed, including declaration of Bhumidari rights and possession, are within the exclusive jurisdiction of the Revenue Assistant under the Act and the civil court is barred from entertaining such suit under section 185 of the Delhi Land Reforms Act, 1954.

Parties
Appellant: Hatti; Respondent: Sunder Singh
Jurisdiction
India
Judgment Date
11 September 1970
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated December 2, 1965, Punjab High Court, Letters Patent Appeal
Outcome
Appeal allowed.
Legal Topics
Exclusion of Civil Court Jurisdiction, Delhi Land Reforms Act, Declaration of Bhumidari Rights, Possession of Agricultural Land
Land Law Civil Procedure Exclusion of Civil Court Jurisdiction Delhi Land Reforms Act Declaration of Bhumidari Rights Possession of Agricultural Land

Case Brief

Summary, issues, holding and outcome

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Parties

Hatti

Appellant

Sunder Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated December 2, 1965, Punjab High Court, Letters Patent Appeal

Legal Issues

  1. 1 Whether the jurisdiction of the civil court is barred under section 185 of the Delhi Land Reforms Act, 1954 for suits concerning declaration of Bhumidari rights and possession of agricultural land.

Ratio Decidendi

Reliefs claimed, including declaration of Bhumidari rights and possession, are within the exclusive jurisdiction of the Revenue Assistant under the Act and the civil court is barred from entertaining such suit under section 185 of the Delhi Land Reforms Act, 1954.

Court Disposition

Appeal allowed.

Orders

  • Decree passed by High Court is set aside.
  • Suit of the respondent is dismissed.