Supreme Court of India · 1995-05-10
VIDYA DEVI @ VIDYA VATI (DEAD) BY LRS. vs PREM PARKASH .
- Citation / case number
- SC 1980/62898
- Court
- Supreme Court of India
- Petitioner
- VIDYA DEVI @ VIDYA VATI (DEAD) BY LRS.
- Respondent
- PREM PARKASH .
- Author
- VENKATACHALA N.
- Bench
- VENKATACHALA N.
Judgment text excerpt
The Supreme Court held that under Section 55(1) of the Delhi Land Reforms Act, 1954, a co-bhumidar can seek partition of their share in the holding. The Court ruled that the Revenue Assistant's decision to not refer the question of title to the Civil Court under Section 186 of the Act was erroneous, as the issue of adverse possession raised by one co-bhumidar necessitated such a reference. Consequently, the Court set aside the Financial Commissioner's order and directed that the matter be referred to the Civil Court for determination of title.