Rakesh Kumar Jain, J.

1. The plaintiffs are in second appeal against the judgment and decree of first Appellate Court dated 27.8.2008 by which the judgment and decree of the learned trial Court has been reversed.

2. The substantial question of law involved in this appeal is:-

"Where the title of the plaintiffs to the property in dispute is not under cloud but they are out of possession, whether the plaintiffs are required to file a suit for declaration and possession or only a suit for possession?"

The history of this case on being traced from an earlier litigation between the parties is that the plaintiffs had filed a Civil Suit No.148 of 12.6.1989 against Surjan (since deceased) predecessor-in-interest of the defendants seeking a decree for permanent injunction claiming themselves to be owners in possession of a residential plot No.62 measuring 36ft x 21ft alongwith Gosha Shumal Garbi 30ft x 10f. The pleaded case of the plaintiffs was that Jai Chand, predecessor-in-interest of the plaintiffs had purchased the property in dispute from Jagdish Chand etc. by way of registered sale deed dated 4.7.1984 against a sale consideration of Rs.1500/-. Jai Chand died in a road acciden