SCHEDULE I |
Sl. No. | Section of the Act | Description of suit application and other proceedings | Period of Limitation | Time from which period beings | Proper Court fees | Court of original jurisdiction | Court of |
1st Appeal | 2nd Appeal |
1. | 2. | 3. | 4. | 5. | 6. | 7. | 8. | 9. |
1. | (Note: Subs. by s.20 of Central Act 4 f 1959 for the figure "15(2)) 15(1) | Application by mortgagor depositing mortgage money. | Nine months | From the commencement of this Act. | (Note: Substitmted by Act 38 of 1965 for "fifteen Annas') Rs. 1.25p | Revenue Assistant. | Deputy Commissioner. | - |
2. | (Note: Subs. by ibid. for original entry) 15(2) (3) (4) and (5) | Application by mortgagor or mortgagee or tenants to be declared Bhumidhar. | None | None | Do. | Do. | Do. | - |
3. | 13 | Application to regain possession | One year | From the commencement of this Act. | Do. | Do. | Do. | Chief Commissioner |
4. | 10, 11, 12, 13, 73, 74, 79 and 85 | Application for declaration of Bhumidhari rights. | None | None | As in Court Fees Act. | 1870 | Do. | Do. |
5. | 23 | Application for the use of holding for industrial purposes. | Do. | Do. | Do. | Deputy Commissioner | Chief Commissioner | - |
6. | 24 | Application for reversion form industrial purposes to Agriculture. | Do. | Do. | Do. | Do. | Do. | - |
7. | 36(2) | Application for determination of the share of the lessor and partition of holding. | Do. | Do. | Do. | Revenue Assistant. | Deputy Commissioner. | - |
8. | 40 | Application for exchange or for the record of an exchange of land. | None | None | As in the Court Fees Act, 1870, according to the amount of (Note: Subs. by s.t8. of Delhi Act 16 of 1956, for the word "Rent") land revenue to be payable for the more highly (Note: Subs. by s.t8 of Delhi Act 16 of 1936, for the word "Rented") and revenue assessed of the two pieces of land exchanged. | Revenue Assistant. | Deputy Commissioner | - |
. | (Note: Substituted by Act 38 of 1965) 42 | (i) Suit for ejectment of transferee under sub-section (i). | None | None | As in the Court fees act, 1870. | Revenue Assistant. | Deputy Commissioner. | Chief Commissioner in the case of Bhumidhar only. |
| | (ii) Proceedings for ejectment of transferee under sub-section (3). | Do. | Do. | Nil. | Do. | Do. | Do. |
(Note: Serial No.10 and entries omitted by act 38 of 1965) | | | | |
11. | 55 | Suit for partition of holding of a Bhumidhar. | Do. | Do. | As in the Court Fees Act, 1870, on land revenue payable. | Do. | Do. | - |
12. | 62 | Application for surrender | Do. | Do. | Fifteen annas | Tahsildar. | Do. | - |
13. | 64 | Application for service of notice in respect of abandoned holding. | Do. | Do. | Do. | Do. | Do. | - |
13A. | 65A | (i) Proceedings for leasing land on behalf of Bhumidhar under clause (i) or clause (ii) of sub-section (4) or under sub-section (5). | Do. | Do. | Nil. | Deputy Commissioner | Chief Commissioner. | - |
| | (ii) Proceedings for terminating the lease under clause (ii) or clause (iii) of sub-section (5). | Do. | Do. | Do. | Do. | Do. | - |
| | (iii) Proceedings for declaring the lessee to be Bhumidhar and extinguishing the interest of the original Bhumidhar under clause (a) of sub-section (6). | Do. | Do. | Do. | Do. | Do. | - |
| | (iv) Proceedings for terminaiton of lease and for fresh lease of land under clause (b) of sub-section (6) | Do. | Do. | Do. | Do. | Do. | - |
14. | 69 | Application by an Asami to get land if Gaon Sabha fails to give. | Six months | From the date of extinction | (Note: Subsituted by Act 38 of 1965 for "fifteen Annas") Rs.1.25p | Revenue Assistant | Deputy Commissioner | - |
15. | 75 | (i) Application for cancellation of order of Gaon Sabha relating to admission of a person to land. | Six months | From the date of order of Gaon Sabha. | Rs.1.25p. | Deputy Commissioner. | Chief Commissioner. | - |
| | (ii) Proceedings of Deputy Commissioner for such cancellation. | Do. | When the Deputy Commissioner first knew of the irregular allotment. | Nil. | Do. | Do. | - |
16. | (Note: Substinted by Act 58 of 1965 77(1)(a) read with Section 69. | Suit for ejectment of Asami. | One year | From the date of extinction of the rights of Bhumidhar or Asami. | (Note: Substinted by Act 38 of 1965) Rs.1.25p. | Revenue Assistant | Deputy Commissioner | - |
| (Note: Substituted by Act 38 of 1965) 77(1)(b) read with Section 6(a) (i) & (ii) | Do. | Do. | From the commencement of this Act where the cause of action arose under Section 77(b) before the date of Commencement of this Act and in all other cases from the dae on which the cause of action arose. | Do. | Do. | Do. | - |
| (Note: Substituted by Act 38 of 1965) 77(1)(b) read with Section 6(a) (iii). | Do. | None. | None. | Do. | Do. | Do. | - |
| (Note: Substituted by Act 38 of 1965) 77(1)(a) (i) read with Section 6(b) & (d). | Do. | Do. | Do. | Do. | Do. | Do. | - |
| (Note: Substituted by Act 38 of 1965) 77(1)(c) (ii) read with Section 6(b) & (d). | Do. | Two years. | From the date of determination of disability. | Do. | Do. | Do. | - |
| (Note: Substituted by Act 38 of 1965) 77(1) (d) | Suit for ejectment of an Asami on the ground of an unsatisfied decree of arears of rent. | Three years. | The date of final decree in the case. | As in the Court Fees Act, 1870. | Revenue Assistant. | Deputy Commissioner. | - |
16A. | (Note: Inserted by Act 38 of 1965) 77(2) | Application by member of armed forces of the Union for ejectment of Asami. | Six months | From the date of retirement of discharge or of being sent on Reserve. | Rs. 1.25p. | Deputy Commissioner | - | - |
17. | (Note: Substituted by Act 38 of 1965) 81 | (i) Suit for ejectment of Bhumidhar or Asami and for damages under sub-section (i). | Three years | From the date of unlawful use of the land. | As in the Court fees Act, 1870. | Revenue Assistant. | Deputy Commissioner. | - |
| | (ii) Proceedings under sub-section (2). | Three years or one year from the date of passing of the Delhi land Reforms (Amendment) Act, 1965, Whichever period expires later. | Do. | Nil. | Do. | Do. | - |
18. | 83 | Suit for injunction or for the repair of the waster or damage caused to the holding. | Do. | From the date the damage is done or the waste begins. | As in the Court fees Act, 1870. | Do. | Do. | - |
19 | (Note: Substituted by s.20 of Central Act of 1959 for original entry) 84 | Suit for ejectment of a person occupying land without title and damages. | Three years. | From the date of issue of the prescribed declaration form to the tenure holder or the sub-tenure-holder concerned. | Do. | Do. | Do. | - |
| | (i) By a Bhumidhar declared under Chapter III of the Act or by an Asami falling under section 6 of the Act where such unlawful occupat was in possession of the land before declaration form; | | | | | | |
| | (ii) By a Gaon Sabha where the unlawful occupant was in possession of the land before the constitution of Gaon Panchayat. | Do. | From the date of constitution of Gaon Panchayat under section 151. | Do. | Do. | Do. | - |
| | (iii) By a Bhumidhar, Asami or Gaon Sabha in any other case. | Do. | From the 1st of July following the date of occupation | Do. | Do. | Do. | - |
19A. | (Note: Inserted by Act 38 of 1965) 85 | Suit for ejectment of a person referred to in the first proviso. | Three years. | From the date of passing of the Delhi Land Reforms (Amendment) Act, 1965. | Do. | Do. | Do. | - |
20. | 86 | Suit for ejectment of a Bhumidhar to whom clause (i) of Section 85 applies. | One year | From the date of acquiring Bhumidhari rights. | Do. | Do. | Do. | - |
20A. | (Note: Inserted by Act 38 of 1965) 86A | Proceedings for ejectment of persons occupying land without title. | Same as tht provided for a suit under section 84, 85 or 86, as the case may be. | Same as that provided for a suit under section 84, 85 or 86, as the case may be. | Nil. | Revenue Assistant | Deputy Commissioner. | - |
21. | (Note: Subs. tiruted by s.20 of Central Act 4 of 1959 for original entry.) 87 | Suit for ejectment of person from lands of public utility. | Three years. | From the date of constitution of Gaon Panchayat under section 151 | (Note: Substituted by Act 38 of 1965) As in the Court Fees Act, 1870 | Do. | Do. | Chief Commissioner |
22. | 88 | Objection of an Asami against the fixation of rent by Gaon Sabha or land holder. | One year. | From the date of fixation of rent. | (Note: Substituted by Act 38 of 1965 for "Fifteen Annas") Rs.1.25p | Do. | Do. | - |
23. | 89 | Application against variation of rent. | One year. | From the date of variation | As in the Court Fees Act, 1870. | Do. | Do. | - |
24. | 90 | Suit for determination of rent and for arrears of rent. | During the period of occupationor within three years after the expiry of such period. | Date of occupation. | Do. | Do. | Do. | - |
25. | 93 | Suit for commutation of rent | Do. | Do. | Do. | Do. | Do. | - |
26. | 95 | Application for recovery of arrears of rent and ejectment in default. | Three years. | Three months after the date the rent becomes due. | Do. | Tahsildar. | Do. | - |
27. | 102 | Suit for recovery of irrigation dues | Do. | From the date of delivery of Jamabandi. | Do. | Do. | Do. | - |
28. | 104 | Declaratory suit. | None. | None. | Fifteen annas | Revenue Assistant. | Do. | Chief Commissioner. |
29. | 111 | Application for variation of land revenue. | None. | | As in the Court fees Act, 1870. | Revenue Assistant | Deputy Commissioner | - |
30. | 142 | Application by a Bhumidhar or others for reimbusement of land revenue. | Three years. | From the date of the arrears become due. | Do. | Do. | Do. | - |
31. | 167 | Application by tenure-holder of uneconomic holding for formation of a Co-operative Farm. | None. | None. | Nil. | Deputy Commissioner. | Chief Commissioner. | - |
