Hon'ble SINGHVI, J.—Leave granted.

2. This is an appeal for setting aside judgment dated 21.8.2009 of the learned Single Judge of the Delhi High Court whereby he dismissed the appeal preferred by the appellants against the judgment and decree passed by Additional District Judge-13 (Central), Delhi (hereinafter described as, 'the trial Court') in a suit for declaration of title, mandatory and permanent injunction filed by them.

3. The suit land belonged to Gaon Sabha of village Kishangarh and formed part of the revenue estate of that village. By notification dated 28.5.1966 issued under Section 507(a) of the Delhi Municipal Corporation Act, 1957 (for short, 'the DMC Act'), the Municipal Corporation of Delhi (for short, 'the Corporation'), with the previous approval of the Central Government, declared that the localities mentioned in the Schedule forming part of the rural areas shall cease to be the rural areas. The area of village Kishangarh (Mehrauli) was shown at serial No.37 under the heading "South Zone Delhi". As a consequence of this and by virtue of Section 150(3) of the Delhi Land Reforms Act, 1954 (for short, 'the Land Reforms Act'), the suit land stood automatically vested in the Central Government. After 8 years, the same was transferred by the Central Government to the Delhi Development Authority (for short, 'the DDA') vide notification dated 20.8.1974 issued under Section 22(1) of the Delhi Development Act, 1957 (for short, 'the DD Act') for the purpose of development and maintenance as Green. The relevant portions of that notification are extracted below:

"MINISTRY OF WORKS & HOUSING

New Delhi, the 20th August, 1974

S.O. 2190 - - - Whereas the terms and conditions upon which nazul lands specified in the schedule annexed below will be taken over by the Delhi Development Authority have been agreed upon between the Central Government and the Authority.

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 22 of the Delhi Development Act, 1957 (61 of 1957), the Central Government hereby places with immediate effect, the lands which had vested in the Central Government on the urbanization of the villages specified in the said Schedule at the disposal of the Delhi Development Authority for the purpose of development and maintenance of the said lands as green and for taking such steps as may be required to serve the said purpose, subject to the condition that the Delhi Development Authority shall not make, or cause, or permit to be made any constructions on the said lands and shall when required by the Central Government so to do, replace the said lands or any portion thereof as may be so required, at the disposal of the Central Government.

SCHEDULE

Sr.No. Name of the Village

17. Mehrauli (Kishangarh)

(F.No.13021/370-II)

S. CHAUDHARY

Jt. Secy."

4. Appellant No.2-Lal Chand and his three brothers, namely, S/Shri Ran Singh, Dhannu and Surat Singh, who claim to have purchased land comprised in khasra Nos.2728/1674/2 and 2728/1674/3 total measuring 4 bighas 4 biswas from Om Prakash and Mahinder Pal (sons of Parma Nand), Tej Nath, Tej Prakash, Gokal Chand and Ram Dhan by registered sale deed dated 15.10.1963 encroached upon the suit land, raised construction and started a restaurant under the name and style "Sahara Restaurant".

5. With a view to secure judicial approval of the illegal occupation of the suit land, appellant No.2 – Lal Chand filed Suit No. 2576/1990 in the Delhi High Court for grant of permanent injunction against the Corpora-tion and the DDA by asserting that he is the co-owner of house No.80, Ward No.IX, Kishangarh, Mehrauli, which forms part of khasra No.1674 and was purchased vide registered sale deed dated 10.10.1963; that the suit premises comprise of 3 rooms and one hall surrounded by a boundary wall; that the entire superstructure is in existence for last over 15 years; that he has been residing in the suit premises and is paying property tax since 1968-69; that the suit land has not been a

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