Hon’ble Rakesh Sharma, J.—Heard Shri Prem Chandra, learned counsel for the appellant, Shri A.K. Singh appears for the respondents including the newly added respondents vide Courts order dated 28.1.2009.

2. This appeal is directed against the judgment and decree dated 16.7.2005 passed by Additional Civil Judge (S.D.), Court No. 1, Ghaziabad in O.S. No. 738 of 2001.

3. It emerges from record that the plaintiffs-respondents i.e. Smt. Kailashwati Bhatia w/o Late Sri Chaman Lal Bhatia had filed a suit No. 738 of 2001 seeking a declaration and injunction in the Trial Court. It was pleaded before the Trial Court that one late Shri Chaman Lal Bhatia son of Sardar Gopal Singh Bhatia was owner and landlord of plot Nos. 27/2/0-15-0, 28/1-1-0, 29/1-5-0, 31/2/0-17-14 and 32/1-12-0 situate in village Arthala, Pargana Loni in District Ghaziabad. After the death of Late Sri Chaman Lal Bhatia his legal heirs/legal representatives i.e. six plaintiffs before the Trial Court became owners and landlords of the land in dispute. Earlier, there used to be a Pottery factory on the land, comprising constructions, sheds the land was surrounded by a pucca boundary wall. Earlier, this land was within t