The Supreme Court, in the case of Mohinder Singh(Dead) Versus Narain Singh And Others recently upheld a Delhi High Court decision that declared that once a rural region gets urbanized through the issuance of a notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, it no longer falls under the jurisdiction of the Delhi Land Reforms Act, 1954.

Maman Singh, a registered Bhumidhar of 4 Bighas 18 Biswas in Khasra, Samepur, Delhi, sold the land to one Bhai Ram in a registered sale deed dated March 9, 1970. On May 4, 1989, the Respondents, Narain Singh and Som Dutt, purchased 2 Bighas 18 Biswas and 2 Bighas from Singh. They later petitioned for mutation under the Act of 1954, and their names were changed on May 31, 1989. By initiating an appeal under Section 64, the appellants later challenged the mutation order entered in favour of the two respondents claiming adverse possession. The order said that “land in issue ordered to be vested in Gaon Sabha,” which the Appellants never challenged.

Despite affirming the Division Bench’s verdict, the Court believes that it gives the Respondents new life to take possession of the subject property despite a registered sale deed being signed in their favour. Yet, they are still deprived of possession, and the appellants’ defence is that they have adverse possession of the subject land. At the same time, the court noted that the registered sale deed made in favour of the Respondents was never challenged, and no such procedures are now pending in the Court of Law.

For these grounds, the Court ordered the Appellants to provide the Respondent’s actual possession of the subject land free of all encumbrances within two months. In the event of non-compliance, the Respondents may file an application with the concerned jurisdictional Judicial Magistrate and, after obtaining the appropriate orders with the support of the local administration, proceed to take possession of the subject land.