R.S.Narula, J.

1. The petitioners claim to have purchased about 45 Bighas of orchard land situated in a locality known as Gumtala near Amritsar in 1965 for developing and further planting a well-developed garden. The respondents admit that the petitioners own an area of about 170 Kanals and 10 Marlas at the site in question. It is also admitted that fruit bearing trees were standing in that land, but it is denied that the entire piece of land had been developed into a full-fledged orchard as claimed by the petitioners.

2. By resolution No. 70 dated April 19, 1962 the Amritsar Improvement Trust, Amritsar (represented through its Chairman, respondent No. 1 in the instant case) decided to frame a development-cum-housing accommodation scheme in respect of a certain area. By resolution No. 92 dated May 1, 1962 the Trust refixed the boundaries of the proposed development scheme so as to enlarge the originally proposed area. The total area covered by the proposed development scheme admittedly includes the petitioners garden land referred to above to the extent of 171 kanals and 4 marlas. In the resolution dated 1st May, 1962 reference is made only to the development scheme and the