Manmohan Singh, J.

1. This is a suit for declaration filed by the plaintiff against the defendants seeking a declaration that the plaintiff society is the actual and lawful owner of the property measuring 31 bighas comprised in Khasra Nos. 206/2, 208/2, 209, 210/2 and 211/2, Basai Dara Pur, Rothak Road, New Delhi (hereinafter referred to as the "suit property") with consequential relief of mandatory injunction seeking a direction for the defendants to transfer/convey the suit property in the name of the plaintiff.

2. The case of the plaintiff as per the plaint is that the plaintiff society was initially formed as an Association for re-settlement of people belonging to Jhang (Pakistan), who migrated from Pakistan to India after partition. The Association decided to take in auction from the Government the property at Basai Dara Pur, Delhi comprised in Khasra Nos. 206, 207, 208, 209, 210 and 211 measuring 61 bighas and 6 biswas (hereinafter referred to as the "said land"). However since the Association was not a registered Society, it could not bid in the auction in its own name. Accordingly, it was decided that two of its members, namely, late Sh. Amir Chand and Sh. Brij La