Mr. Ram Chand Gupta, J.: - Facts leading to the present Regular Second Appeal are as under:

Respondents-plaintiffs filed a suit for declaration that Notice No.1/41/L/L&C/69 dated 21.3.1975/7.4.1975 issued by Deputy Director, Military Lands & Cantonments, Ministry of Defence (ML&C) New Delhi, relating to the resumption of Bungalow No.102, the Mall, Ambala Cantt, measuring 1.60 acres or thereabout and bounded as follows:-

On the North - By Road

On the South - Survey No:357 (Bungalow No.103)

On the East - Road

On the West - Survey No: 358,

is illegal, null, void and unconstitutional and against the principles of natural justice and hence, not binding upon the rights of the respondents-plaintiffs and defendant has acquired no right, title or interest therein.

2. It has been averred that respondents-plaintiffs are owners in possession of the property in dispute and that the impugned notice, duly described in para no.2 of the plaint, had been served upon them by appellant-defendant-Union of India by referring Bungalow in dispute as an “OLD GRANT” terms under the Government and, hence, Government decided to resume the said land and the building standing thereon and hence,