JUDGMENT :

Ajay Mohan Goel, J.

1. By way of this appeal, the appellants have prayed for setting aside the judgment and decree dated 31.12.1993, passed by the Court of learned Sub-Judge, 1st Class, Court No. 2, Shimla in Case No. 128-1 of 1992/83, titled as Smt. Jai Devi Sardana and others v. The Union of India and another, vide which, the suit filed by their predecessors was dismissed, alongwith the judgment and decree dated 03.06.1996, passed by the Court of learned Additional District Judge, Shimla, H.P. in Civil Appeal No. 108-S/13 of 1994, titled as Shri Gian Chand Sardana and others v. The Union of India and another, vide which, the appeal filed by the appellants against the judgment and decree dated 31.12.1993, passed by the learned Trial Court, was also dismissed.

2. Brief facts necessary for the adjudication of this Regular Second Appeal are that the predecessors-in-interest of the present appellants instituted a suit for permanent prohibitory injunction against the defendants for restraining them from interfering with the ownership and possession of the plaintiffs over the suit property known as 'Sardana House' comprised in Khasra No. 490/62/B, measuring 300 sq. yards, 3 sq. feet, situated in Station Ward Chhota Shimla. According to the plaintiffs, Central Hotel Estate Shimla was evacuee property and was part of a compensation pool. It was put to auction on 18.11.1955. The same was divided into four lots. Lot No. 119 was purchased by Sh. Kala Ram Khanna as Benamidar on behalf of Smt. Shakuntla Kochhar. A sale certificate was issued in favour of the owner on 29.3.1963. Sh. Kala Ram Khanna relinquished his possession and interest with regard to lot No. 119 in favour of Smt. Shakuntla Kochhar. On 09.01.1970, Smt. Shakuntla Kochhar sold 300 sq. yards and 3 sq. feet of the land to Sh. H.D. Sardana (predecessor-in-interest of the plaintiffs), who developed the same and constructed a building known as 'Sardana House' over the same. Lot No. 119-B was purchased in the auction by Sh. Dina Nath Malhotra, who sold the same to one Sh. Kundan Lal Ahuja in the year 1962. Sh. Kundan Lal Ahuja filed a complaint against Smt. Shakuntla Kochhar to the effect that she had usurped lot No. 119-A and got the said lot included within the boundaries of her sale certificate. It was also alleged that Smt. Shakuntla Kochhar had sold land measuring 300 sq. yards and 3 sq. feet in Khasra No. 490/62/B to H.D. Sardana, which belonged to him, i.e., Sh. Kundan Lal Ahuja. The complaint was filed before the Chief Settlement Commissioner (Relief & Rehabilitation). Said Commissioner held the sale certificate to be bad by holding that it included, within its boundary, the Central Hotel Annexe and land attached thereto. This order was challenged by the plaintiffs as well as M/s. Himprastha by way of a Revision Petition. The Revisional Authority, i.e., Secretary to the Government of Himachal Pradesh observed that the chief Settlement Commissioner had no jurisdiction to pass the order, against which revision was preferred, but the Secretary suo moto took cognizance of the matter under Section" 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and passed orders for eviction of the plaintiffs from Central Hotel Annexe, measuring 531 sq. yards.

3. Feeling aggrieved, plaintiffs preferred CWP No. 89 of 1972 in the High Court of H.P., which stood dismissed. After dismissal of the writ petition, the plaintiffs and their predecessor-in-interest surrendered the possession of Central Hotel Annexe and land measuring 531 sq. yards attached thereto. Despite said settlement, defendants issued notice for eviction of the plaintiffs; from the suit property comprised in Khasra No. 490/62/B, measuring 300 sq. yards and defendants passed orders for eviction of the plaintiffs from the suit property on 02.06.1984. Feeling aggrieved by the issuance of which, the suit was filed.

4. The same was resisted by the defendants, inter alia, on the ground that the suit prope