10 June 2024


Judgments

High Court of Delhi

Jagat Singh and Ors. Vs. NCT of Delhi and Ors.

MANU/DE/1633/2024

04.03.2024

Tenancy

Power under Article 227 of the Constitution is intended to be used only in appropriate cases and not for correcting mere errors

The present petition has been filed under Article 227 of the Constitution of India, impugning the order passed by Trial Court whereby the Learned Trial Court dismissed the application of the Petitioners under Order XLVII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking to review and recall order dated 4th March, 2023. Vide the order dated 4th March, 2023, the SDM was directed to carry out the demarcation as per the order dated 18th July, 2023 and the Petitioners were directed to bear the costs of the said demarcation.

The power under Article 227 of the Constitution of India, 1950 is intended to be used only in appropriate cases for the purpose of superintendence over the subordinate Courts and Tribunals within the bounds of their authority and not for correcting mere errors. Thus, imperatively, the jurisdiction of the Court under Article 227 of the Constitution of India is limited and to be exercised sparingly cases.

Since the dispute is about the identification of the property, the demarcation and identification cannot be proved in absence of public record and the Court shall order local investigation for the purpose of elucidating any other matter in this field. If the said issue is not addressed at the present stage of the proceedings, it can be noticed that the execution of the plea either way will have some repercussions. In fact, it is noticed from the orders passed by the learned Trial Court that all throughout, the Petitioners have been arguing for demarcation of the suit property. Further, intention of the learned Trial Court is to ascertain the exact identification of the suit property.

With regard to quashing the demarcation report dated 18th April, 2018 is concerned, it is too early for the petitioners to contend that the same ought to have been quashed or set aside by the learned Trial Court before directing another demarcation. Therefore, there is no infirmity in the Trial Court order. Petition dismissed.

Tags : Demarcation Direction Legality

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