Jan Kalyan Trust & Ors vs Ishwar Singh Master
2015 Latest Caselaw 1600 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 565/2010 and IAs No.3988/2010 & 13047/2012

                                                   Decided on : 24.02.2015

IN THE MATTER OF:
JAN KALYAN TRUST & ORS                               ..... Plaintiffs
                    Through: Mr. S.K. Sharma, Advocate

                        versus

ISHWAR SINGH MASTER                                ..... Defendant
                  Through: Mr. V.P. Rana, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)


1.

The present suit has been instituted by the plaintiffs against the

defendant, praying inter alia that the defendant be restrained from

forcibly dispossessing them from a parcel of agricultural land measuring

1 bigha 16 biswas, comprised in Khasra No.50/15 min.(1-16) situated in

the revenue state of village Khera Kalan, Delhi.

2. Written statement in opposition has been filed by the defendant.

3. Mr. Rana, learned counsel for the defendant states that on

22.2.2011, a preliminary issue was framed in the present case based on

preliminary objection No.1 taken in the written statement with regard to

the maintainability of the suit. He submits that by the time the plaintiff

had instituted the present suit in March, 2010, consolidation

proceedings had already taken place in respect of the subject land and in

terms of the said consolidation proceedings, Khasra No.40/15 had been

obliterated and the Consolidation Officer re-numbered the land

comprised in the said Khasra No. as 40/15/1 min. and 40/15/2 min. He

further states that in the course of repartitioning of the said land, Khasra

No.40/15/1 min. has been allotted to the defendant and Khasra

No.40/15/2 min. has been allotted to the plaintiffs. As a result, it is

contended that the suit as instituted by the plaintiff is not maintainable.

4. Counsel for the plaintiffs states that in view of the averments

made by the defendant in the written statement, his client does not wish

to press the present suit. However, the plaintiffs reserve their right to

seek their remedies against the defendants under the East Punjab

Holding (Consolidation & Prevention of Fragmentation) Act, 1948.

5. Leave, as prayed for, is granted. The suit is dismissed as

withdrawn, along with the pending applications.

6. The interim order dated 26.3.2010 stands vacated.

7. File be consigned to the Record Room.

                                                               (HIMA KOHLI)
FEBRUARY 24, 2015                                                 JUDGE
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