PRADEEP NANDRAJOG, J.

1. The appellant instituted a suit praying for a declaration to be granted that it is the owner of property measuring 31 bigha comprised in Khasra No.206/2, 208/2, 209, 210/2 and 211/2 Basai Darapur, Rohtak Road, New Delhi.

2. It was pleaded in the plaint that the appellant is a society registered under the Societies Registration Act and was initially formed by the name Jhang Biradari Association, with the object of re-settling people who had migrated to India from Jhang in Pakistan after partition. That Late Sh.Amir Chand and Brij Lal were the pioneers to form the Jhang Biradari Association. As per policy of the Ministry of Rehabilitation, Government of India, evacuee properties were auctioned and one such evacuee property auctioned was 61 bigha and 6 biswa land comprised in Khasra No.206, 207, 208, 209, 210 and 211 in the revenue estate of Basai Darapur Delhi. That the Jhang Biradari Association took a decision to bid for the said evacuee property put up for auction but was handicapped on account of it being then not registered as a society under the Societies Registration Act and additionally because as an association it could not participate in the bidding process, thus it was resolved that Late Sh.Amir Chand and Brij Lal shall make a bid for the land, which would actually be on behalf of the society. Accordingly the said two persons made a bid in sum of Rs.3,00,050/-which was accepted and as a result the said sum of Rs.3,00,050/-had to be either paid to the account of the Central Government or could be adjusted by making adjustments of persons whose entitlement for being allotted evacuee property, with amount i.e. money quantified was accepted by the Government. It was pleaded that by adjusting claims of associates for evacuee property left by them in Pakistan the bid amount was satisfied and the sale certificate was issued in the names of Amir Chand and Brij Lal. Pleading that 30 bigha 6 biswa land was acquired and only 31 bigha remained, it was pleaded that Late Sh.Matwal Chand was appointed as the Secretary of the Society. Sh.Amir Chand and Brij Lal executed a general power of attorney on April 16, 1960 in favour of Matwal Chand and the reason was that as the Secretary of the Society, Matwal Chand could deal with the property by corresponding with various authorities so that a permission could be obtained to put the land to group housing use for the members of the society. It is pleaded that on May 16, 1962 Amir Chand and Brij Lal executed a sale-deed in favour of Matwal Chand selling to him 31 bigha land which remained post acquisition. It was pleaded that Matwal Chand corresponded in his name with various statutory authorities to grant permission to put the land to a group housing use, and though he wrote in his name the various letters to the statutory authorities, he was actually acting on behalf of the society as the Secretary thereof. Pleading that Matwal Chand expired on October 21, 2006 and his two sons and a daughter, impleaded as defendants No.1 to 3 in the suit applied for the land to be mutated in their names, the suit was filed, praying as aforenoted.

3. Relevant for the purposes of decision in the appeal would be to note averments made in paragraph 21 of the plaint. They reads as under:-

“21. That cause of action accrued in favour of the plaintiff and against the defendants on different dates when it was known that the defendants/their father Matwal Chand started dealing with the property as their own exclusive property. The cause of action accrued when the property in question was conveyed from the name of Amir Chand Brij Lal to the name of Sh.Matwal Chand. It also accrued when General Power of Attorney was executed for performing the functions of Society and dealing with obligations of Society vis-a-vis the property in question. The cause of action also accrued on different dates when the plaintiff Society corresponded and exchanged various letters with different civic aut