JUDGMENT :

HEMANT GUPTA, J.

1. The present appeal has been preferred by Defendant No. 4, against the concurrent findings of three Courts arising out of a suit for permanent injunction.

2. The plaintiffs, now represented as respondent Nos. 1 and 2, filed a suit for permanent injunction on 31.7.1971 claiming that Khasra No. 238 measuring 4 Bighas 3 Biswas, situated in the revenue estate of Village Basai Darapur, Delhi is owned and possessed by them. Earlier, the plaintiffs had filed a suit for declaration challenging the vesting of the said land in Gaon Sabha in a suit filed on 20.7.1959. The said suit was decreed on 7.10.1960 holding that the plaintiffs are owners and Bhumidars of land comprising in Khasra No. 238. The Union of India had filed an application under Section 161-B of the Delhi Land Reforms Act, 1954 [For short, the ‘Reforms Act’] for setting aside the said decree dated 7.10.1960 but such application was dismissed by Sub-Judge, First Class, Delhi on 24.5.1968.

3. The plaintiffs alleged that defendant No. 1 claimed that Khasra No. 238 is part of the land allotted to it. The suit for permanent injunction was thus filed by the plaintiffs apprehending threat to their possession