JUDGMENT :

YOGESH KHANNA, J.

1. This appeal is preferred by the appellants against the judgment and preliminary decree dated 25.01.2018 passed by the learned Additional District Judge-5, South District, Saket Courts, New Delhi (hereinafter referred as the learned “Trial Court”) in CS No.7746/2016 whereby the suit filed by respondent for possession and mesne profit was decreed for the relief of possession against the appellants.

2. The dispute pertains to a part of land in property bearing No.Y-84, Hauz Khas, New Delhi–110016, admeasuring 800 square yards (668.90 square meters) hereinafter referred as the “disputed property”.

3. The facts in brief and as alleged are - on 27.11.1963 the DLF Housing and Construction Private Limited executed a sale deed in favour of one Smt. Dhanwanti in respect of the disputed land and in the year 1970 the appellants came in possession of the part of the disputed property admeasuring 113.70 square yards (95.06 square meters) (hereinafter referred the “suit property”) as servants and are in uninterrupted and exclusive possession thereof.

4. In the year 1976 the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "Act"), was enacted in which a ceiling limit was prescribed and no person was entitled to hold any vacant land in excess of such ceiling limit. For Delhi, the ceiling limit was fixed at 500 square meters (approx 600 square yards). Section 20 of the Act empowered the Government to exempt excess ceiling land on such terms and conditions as may be specified.

5. On 11.05.1978, the Delhi Government passed an exemption order No.F.36(11)/869/76/I&B(ULC) whereby in exercise of powers and discharge of its functions under Section 20(1) of the Act it exempted excess vacant land admeasuring 168.90 square meters (approx 200 square yards) out of the disputed property with following stipulation:-

“iv. That the excess vacant land will not be transferred to any other person by sale, gift, lease or otherwise without the previous permission of the Government (presently the Lt. Governor, Delhi). However, there will be no objection to mortgage (without possession) the vacant land so exempted to support financial loan from a bank or a financial institution.”

6. On 09.08.1978 Dhanwanti entered into an Agreement to Sell with late Shri. A.K. Badhwar (original plaintiff No.1) and late Smt.Sukanya Badhwar (plaintiff No.2) and the respondent No.1/Plaintiff No.1(a) herein for selling 500 square meters (600 square yards) out of the disputed property. The ATS noted presently transferable only 500 square meters and the responsibility of vacation of unauthorised occupants would be of the vendor. On 14.05.1979 the competent authority under Section 26 & 27 of the Act issued a certificate in favour of the original owner certifying Delhi Government does not wish to purchase the portion of the disputed property, admeasuring 500 square meters which the original owner sought to sell to the respondents. On 02.06.1979 Dhanwanti executed sale deed of land admeasuring 500 square meters (600 square yards) out of the disputed property in favour of the plaintiffs/respondents and the said portion did not include the suit property admeasuring 113.70 square yards in possession of the appellants. The relevant portion of the sale deed dated 02.06.1979 noted it was for an area of 500 square meters i.e. about 600 square yards and the vendor was permitted to sell such land after the certificate dated 14.05.1979 issued by the competent authority under the provisions of the Act. The sale deed dated 02.06.1979 noted:-

“That the vendor for her legal needs and requirements has agreed to sell the said land admeasuring 500 sq. meters for a sum of Rs.2,20,000/-(Rs.Two Lac & Twenty thousands only) unto the vendees and the vendees have agreed to purchase the same from the vendor.

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7. That the excess land of plot No.Y/84, Hauz Khas, New Delhi shown blue in the plan attached shall remain in the possession of the vendees for enjoyment wit