Hon’ble Pankaj Mithal, J.—Heard Sri Rahul Sripat, learned counsel appearing for the defendant-appellant and Sri M.K. Gupta with Sri Amit Daga, learned counsel for the plaintiff-respondent No. 1. The other respondents are only formal parties. They were other defendants to the suit who have not preferred any appeal and as such have accepted the decree of the lower appellate Court. The counsel for the contesting parties agree for the disposal of appeal in their absence. Accordingly, dispensing service upon respondents No. 2, 3/1 to 3/3 the appeal was heard on merits.

2. The dispute in the suit giving rise to the present appeal is in respect of plot No. 80 (old No. 884 and 894) situate in village and kasba Sahapur, District Muzaffarnagar.

3. The Town Area Committee, Sahapur in a representative capacity instituted original suit No. 99 of 1986 against Illiyas and others for possession over the area marked in blue and red colour forming part of the aforesaid land as shown in the plaint map and for a decree of permanent injunction in respect of remaining land of the said plot. In the suit separate written statements were filed by defendants No. 1 and 2. The other three defendants w