JUDGMENT :

Harsh Bunger, J.

1. For convenience, parties herein are being addressed as per their status in the original suit.

2. This is the plaintiffs' second appeal against the judgment and decree dated 02.06.1989 passed by the learned Additional District Judge, Jalandhar; whereby, he reversed the judgment and decree dated 29.09.1986 passed by the learned Sub Judge Ist Class, Jalandhar and dismissed the suit of the plaintiffs.

3. Briefly, the plaintiffs, who are the practicing lawyers in District Courts, Jalandhar, filed a suit for permanent injunction for restraining the defendant (Jalandhar Improvement Trust) from making alteration in its 55 Acres' Scheme by transferring/alienating, in any manner, whole or any part of the said land or the said scheme, except to demarcate the chambers allotted to the plaintiffs, who had paid the consideration in advance.

4. It is the pleaded case of the plaintiffs that the Bar Association, Jalandhar, on behalf of the plaintiffs and other lawyers, had represented to the Improvement Trust, Jalandhar that the District Courts had become congested and the lawyers had no respectable accommodation in or around the Court; therefore, a space be demarcated adjoining the Bar Room in the 55 Acres' Scheme of the Jalandhar Improvement Trust, for lawyers' offices. According to the plaintiffs, the said request of the lawyers was acceded to and a resolution dated 02.09.1977 to that effect was passed by the Jalandhar Improvement Trust, authorizing its Chairman to allot the space to the lawyers. It was stated that the afore-said resolution was sent to the Bar Association, Jalandhar; which was further notified to its members and on 'first come first serve' basis, certain lawyers deposited a sum of Rs. 2,000/- each with the Secretary Bar Association, Jalandhar; which was forwarded to the Jalandhar Improvement Trust, vide Memo dated 03.02.1978. It was claimed that the Jalandhar Improvement Trust accepted the drafts and issued allotment orders to each of the lawyers that had deposited the amount on 'first come first serve' basis. Plaintiffs state that a binding contract came into force between the Jalandhar Improvement Trust and each of the plaintiffs and other lawyers; however, the Improvement Trust did not comply with the Scheme. It was averred that the Improvement Trust threatened to alter the scheme and use the land for other purposes, although the land had already been earmarked and allotted to the plaintiffs for their chambers.

4.1 According to the plaintiffs, since the defendant did not accede to the request of the plaintiffs for not altering the scheme and for allotting the space for lawyers' chambers, hence, the suit was filed.

5. On the other hand, the defendant-Jalandhar Improvement Trust contested the suit of the plaintiffs by raising various preliminary objections, including that the necessary party i.e. the Punjab State, had not been impleaded as a party to the suit as the same was the competent authority for allotment of plots/chamber. It was stated that the necessary sanction/approval has to be accorded by the Punjab State, which is mandatory under the utilization of land and allotment of plots by Improvement Trust, Jalandhar. It was next submitted that no description of the property had been given in the plaint and in fact, out of the land in question, 2 kanals-2 marlas and 2% sq. ft. area has already been allotted to the Jammu and Kashmir Government, after the sanction was accorded by the Punjab Government; therefore, the suit of the plaintiffs had become infructuous. It was also stated by the defendant that since plaintiffs' claim to have deposited amounts separately in respect of separate units; therefore, one suit on behalf of all the plaintiffs was not maintainable. It was maintained that without the sanction of the Punjab Government, no allotment could have been made. The Improvement Trust admitted that the layout plan for the lawyers' booths was prepared by the Improvement Trust and the same was s