( 1 ) IN this application under Older 39 Rules I and 2 read with Section 151 of the Code of Civil Procedure in a suit for perpetual injunction the plaintiffs have prayed to restrain the defendants from interfering with or obstructing the construction being carried out by the plaintiffs on plot No. J-1906, Chittaranjan Park, New Delhi, in terms of the plans already sanctioned by the Delhi Development Authority (for short, the DDA ).

( 2 ) THE relevant facts which emerge out of the plaint are that Mr. S, M. Roy, defendant No. 4, who is a displaced person from East Pakistan, was granted the lessen rights of and plot of land measuring 371. 2 sq. metres (444 sq. yards) bearing No. J-1906 in the colony known as Chittaranjan Park. This colony was planned by the then Ministry of Worirs and Housing in consultation with the Ministry of Rehabilitation as a public policy in order to rehabilitate the persons who migrated from East Pakistan (now Bangladesh ).

( 3 ) IN 1971, Mr. S. M. Roy, defendant No. 4, after obtaining sanction carried out construction of a single storeyed residential house. It appears that defendant No. 4 was desirous of selling the aforementioned plot and he acc