TMI Blog2013 (10) TMI 1529X X X X Extracts X X X X X X X X Extracts X X X X ..... interim relief was issued and the Trial Court record requisitioned. Vide order dated 13 th July, 2011, subject to the appellant/defendant depositing the decretal amount towards mesne profits and filing an undertaking to maintain status quo with respect to possession till the disposal of the appeal, the execution of the impugned judgment and decree was stayed and the appeal admitted for hearing. The hearing was expedited for the reason of the respondent/plaintiff being a senior citizen. The appeal was dismissed in default of appearance of the appellant/defendant on 2nd May, 2013. An application for restoration was preferred by the appellant/defendant but the same was also dismissed in default on 4th September, 2013. Yet another application f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 149 (2008) DLT 754 and Nilima Gupta Vs. Yogesh Saroha 156 (2009) DLT 129 to contend that it is the case of the appellant/defendant himself in the written statement as well as in the evidence that the property subject matter of the suit is part of an unauthorized colony though over agricultural land; it is thus contended that the provisions of the Reforms Act would not apply. Reliance is also placed on Dwarka Prasad Agarwal Vs. Ramesh Chander Agarwal (2003) 6 SCC 220 para 19 to contend that exclusion of jurisdiction of the Civil Court should not be readily inferred. Reliance is yet further placed N.B. Singh (HUF) Vs. Perfexa Solutions Pvt. Ltd. 159 (2009) DLT 729 where a suit for possession with respect to a farm house which was assessed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not got an issue framed on the said aspect and on the contrary having pleaded and proved facts akin to those in the aforesaid three judgments of this Court cited by the counsel for the respondent/plaintiff, has no right to object to the amendment if any sought by the respondent/plaintiff on the limited aspect of applicability of the Reforms Act and jurisdiction of the Civil Court. The said amendments are rather found necessary for adjudication of the said jurisdictional aspect of the matter. 13. Accordingly the following additional issue is framed:- (i). Whether the jurisdiction of the Civil Court with respect to the relief of possession is barred by Section 185 of the Delhi Land Reforms Act, 1954? OPPr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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