By the Court.—Heard Sri Manish Kumar Nigam, learned counsel for the appellants, learned Standing Counsel appearing for respondents and perused the record.

2. This is a plaintiffs’ appeal under Section 96 of Code of Civil Procedure (hereinafter referred to as ‘C.P.C.’) arising from judgment dated 2.4.2003 and decree dated 17.4.2003, passed by Sri S.N. Tripathi, Additional Civil Judge (Senior Division), Court No. 1, Moradabad dismissing Original Suit No. 522 of 1986.

3. Initially, suit was filed, by Bal Swaroop Bhatnagar in the Court of Munsif, Moradabad, vide plaint dated 6.11.1986, seeking a permanent injunction restraining defendant-respondents i.e. State of U.P. through Collector, Moradabad; Senior Superintendent of Police, Moradabad and Uttar Pradesh Rajkiya Nirman Nigam Limited through Executive Engineer from taking possession of property in dispute, unauthorizedly, by themselves or through their agents etc., and also not to raise any construction or store any building material and, if any building material is kept, the same be removed. Details of property are given at the bottom of the plaint. After death of Bal Swaroop Bhatnagar, his legal heirs i.e. three plaintiff-appellants, namely, Sandeep Bhatnagar, Sanjeev Bhatnagar and Puneet Bhatnagar (all real brothers and sons of Shri Kishan Swaroop Bhatnagar) were substituted as plaintiffs, and now appellants.

4. The plaint case as set up by plaintiffs is that Khewat No. 3 comprises Khata No. 336, 337, 341, 344 and 345, having a total area about 22 acres and 33 dismals (90366 square metre), situate at Civil Lines, Moradabad. It was owned by Zamindar Madhodas and his son Ramdas.

5. Ramdas executed a sale-deed dated 4.7.1930 in favour of Sahu Ram Kumar son of Ram Swaroop. Some of the property, which was in Zamindari of Ramdas, during his lifetime, was in possession of Sri Natthu Lal, father of plaintiff-Kishan Swaroop Bhatnagar and grandfather of three plaintiff-appellants. Area of land possessed by Sri Natthu Lal was around 1995 square meters (28.96x68.87) and boundaries of aforesaid land, given at the bottom of plaint, read as under:

iwjc % nrj dksvkijsfVo dsu lkslk;Vh

if'pe % DokWVZj ,0ih0vks0 ih0Vh0lh0

mRrj % lM+d ljdkjh

nf{k.k % vkjkth ih0Vh0lhŒ

East : Office of Cooperative Cane Society

West : Quarter APO PTC

North : Public Road

South : Plot PTC”

(English translation by Court)

6. Ramdas after execution of sale-deed dated 4.7.1930, in favour of Sahu Ram Kumar also gave possession of land, which excluded land possessed by Sri Natthu Lal. Possession of Sri Natthu Lal continued and thereafter his legal heirs so continued. After death of Sahu Ram Kumar, property possessed by him, came to be owned by his sons i.e. Sahu Ramesh Kumar, Suresh Kumar and Mahesh Kumar. However, at this stage also, disputed property continued to remain in possession of legal heirs of Late Natthu Lal.

7. In Revenue Records, name of owner was shown as Sahu Ramesh Kumar and others since they were in possession of most part of property. Plaintiff-Kishan Swaroop Bhatnagar i.e. father of appellants did not find it necessary to have his name recorded in Revenue Records since actual possession of property in dispute was with him.

8. Sahu Ramesh Kumar and others transferred by sale, 5000 sqr.ft. of land, which was in their possession, vide sale dated 11.4.1972, to M/s. Moradabad Co-operative Sugar Cane Society Ltd. Moradabad. Since by that time plaintiff’s father had died, property in dispute, which was in possession of appellants, continued to remain in their possession.

9. Plaintiff-appellants filed an application under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the ‘Act, 1901’) registered as case No. 810 of 2000 (Sandeep Bhatnagar v. Suresh Kumar and others) in the Court of Tehsildar, Moradabad. Pursuant to order dated 29.6.2000, they got their name mutated in Khata Khewat No. 3, Village-Chhavni, Moradabad.

10. Over the aforesaid property, an old kaccha building existed. After