l) 'q* 1 i, , 20. Vo26,O3.2OO9 Present: Mr. K.S. Pathania for the plaintiff . Mr. R.M. Sinha for the defendant. +lA Nos. 5735/2O07, 7121120O7' 7123120O7 & CS(OSI No. 889/2OO7 t< With the consent of counsel for both the parties, this suit has been taken up for final disposal at this stage itself, when the matter is being heard for deciding the interim injunction application being lA No. 573512007 under Order 39 Rule 1 & 2, CPC and lA No. 7L2L12007 under Order 39 Rule 4, CPC filed on behalf of the defendants for vacating the interim injunction order dated 16.05 .2007 . The plaintiff has filed this suit against the defendants praying for a decree of permanent injunction against them that they should not dispossess him from the suit land, i.e., Khasra No. 337 measuring 4 Bighas 16 Biswas situated in the Revenue Estate of Village Kadipur, Delhi. Parties on both the sides have a serious dispute about their possession over the suit land. Plaintiff claims himself to be in possession of the suit land whereas the defendants say that they are in possession of the suit land. Admittedly, the defendants were the recorded owners of the suit land before CS(OS) No.889/2007 Page 1 of 5 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified lr iq+ I { t the plaintiff allegedly came in its cultivating possession in the year L970. The plaintiff is stated to have filed an application under Section 85 of Delhi Reforms Act, 1954 before the revenue authorities for declaring him bhoomidar in respect of the suit land. The application for declaring him bhoomidar was filed by him in 1982 and unfortunately, the revenue authorities have not decided this application till date though about 26 years have since expired. One of the pre-conditions for filing an application under Section 85 is that the applicant must b.e in cultivating possession of the suit land for a continuous period of three years and the second condition is that the titled owner of the suit land must not have obtained an ejectment order under Section 84 of the Delhi Land Reforms Act, 1954. These are the matters to be gone into by the revenue authorities and not by this court. The revenue authorities before whom the plaintiff filed an application under Section 85 of Delhi Land Reforms Act, 1954 vide its order dated 20.04.2007 directed the parties to maintain status quo in respect of the suit land taking note of dispute between them regarding possession over the suit land. This court also vide its order dated 16.05.2007 directed the parties to maintain status quo in respect of the suit land CS(OS) No.889/2007 Page 2 of 5 ,G"t\ \f. \q'l and appointed a Local commissioner to ascertain the identity of the person who was actually in cultivating possession of the suit land. The Local Commissioner has filed his report and as per his report, the plaintiff is found to be in cultivating possession of the suit land on the basis of enquiry made by him from the local residents. Defendants have filed objections against the report of the Local Commission through their application being lA No. 7L2312007. During the hearing of the present case, it is revealed that there is a serious dispute between the parties regarding the possession over the suit land. In view of the nature of the dispute regarding the possession between the parties, it may be difficult to return a finding at this stage as to whether the plaintiff is in cultivating possession of the suit land or the defendants are'in its cultivating possession. Be that as it may, the fact of the matter is that proceedings under section 85 of Delhi Land Reforms Act, 1954 initiated by the plaintiff for declaring him bhoomidar in respect of the suit land are still pending before the revenue authorities. At this stage, counsel appearing for both the parties have agreed for maintaining status quo in relation to possession of the suit land but they request for directions to the revenue t CS(OSI No.889/2OO7 Page 3 of 5 8tr, I \/: j authorities to decide the proceedings pending before it under section 85 expeditiously so that the rights of the parties in the suit land are adjudicated once for all. Having regard to the fact that proceedings under Section 85 of Delhi Land Reforms Act, 1954 are still pending before the revenue authorities for the last over 26 years, the concerned Revenue Assistant is hereby directed that he should decide the application of the plaintiff under Section 85 of the Delhi Land Reforms Act, 1954 expeditiously, preferably within four months from today. lf need be, the Revenue Assistant may take up the case pending before him on day-to-day basis' Counsel for both the parties have assured that they will cooperate and will not ask for any date before the Revenue Assistant so that the application under section 85 of the plaintiff gets iJecided as fast as possible. In the meanwhile, the parties are directed to maintain status quo in relation to possession and title of the suit land. Parties are further directed to appear before the concerned Revenue Assistant for directions for fixing the date of hearing before him at 11 AM on 06.04.2009. A copy of this order be sent to the concerned sDM forthwith. #:^ /--.] ir# CS(OS) No.889/2007 Page 4 of.5 'g A Copy of this order be also made available to counsel for both the parties so that they can also hand it over to the concerned Revenue Assistant on the date fixed for appearance of the parties before him. In view of the above order passed in the m_atter, Mr. K.S. Pathania, learned counsel appearing on behalf of the plaintiff, says that he does not want to press the suit for any further relief. This suit as well as all the above lAs stand disposed of. lA No. 7L22|2OO7 This is an application under order 39 Rule 1 & 2, cPC filed by the defendants. In view of the order passed in the main suit, Mr. R.M. Sinha, counsel appearing on behalf of the defendants says that he does not want to press this application. This application is, therefore, dismissed as not pressed. MARCH 26,2009 ma ?CA'-"L S.N.AGGARWAL, J CS(OS) No.889/2007 , Page5of5