Vidya Dhari Khanna vs Sandeep Khanna
1992 Latest Caselaw 109 Del

JUDGMENT

Gokal Chand Mital, C.J.

(1) ADMIT. Learned Counsel for the parties are agreed that the appeal can be disposed of right now.

(2) A preliminary objection has been raised that the Letters Patent Appeal is not maintainable because this is an appeal against the appellate order of a learned Single Judge of this Court. A reading of Clause 10 of Letters Patent says that an appeal shall lie to the High Court from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate Jurisdiction by a Court subject to the superintendence of the High Court, and not being an order made in the exercise of revisional jurisdiction........), of one Judge of the said High Court........... Here the appeal before the learned Single Judge was not against the judgment of the Subordinate Court in the exercise of appellate jurisdiction and, therefore, the appeal is maintainable.

(3) On merits we are of the view that the order of the learned Single Judge cannot be sustained. It is not disputed that the suit was in respect of 3.64 acre of land whereas the interim order has been passed against the appellant regarding 15 acres of land.

(4) The trial Court had granted interim injunction and Fao filed against that order is pending. Regarding 2.64 acres no order has been passed.

(5) When the case was listed on the last occasion it was suggested on behalf the plaintiffs-respondents that Smt. Vidhya Dhari Khanna, appellant herein, be called upon to appear in Court, in order to find out whether she was in senses while making the gift or not. We had called her to appear in Court and she is present. We found her in senses to make any gift etc.

(6) We are told that the gift was entertained by the Registrar for registration but he has not handed over the gift deed in view of the interim order passed. Now there is no interim order In way of the donee to get the gift deeds registered.

(7) As regards Section 33(1) of the Delhi Land Reforms Act, the plaintiffs cannot make any grievance. The authorities under that act can make grievance against the donor if she-violates any provision of that law. This matter should not have any impediment in her way. With this order the appeal stands disposed of.