JUDGMENT

Gyanendra Kumar, J. - This is an appeal by the defendant Municipal Board of Balandshahr against concurrent decrees of the courts below, decreeing the suit of the plaintiff respondents. The case of the plaintiffs was that the disputed plot no. 788/1 measuring 15 biswas belonged to Smt. Bhagwati Kuer (Proforma defendant No. 2) as zamindars. The lady granted a permanent lease of 13 biswas out of this plot to one Shyam Mahohar Bhatia by means of a registered deed dated 24-4-1936. The said Shyam Manohar Bhatia made some constructions on the land and then sold the plot along with the constructions to the plaintiffs by means of a registered sale deed dated 31-7-1940. Thereafter, the plaintiffs also raised certain constructions thereon. Sometime later the plaintiffs wanted to make certain additional constructions over the land and for that purpose they submitted a plan to the Municipal Board for sanction. The appellant Board refused to sanction the plan on the ground that a portion of the land which was sought to be constructed upon consisted of a public way which had vested in the Municipal Board. The plaintiffs' case was that the aforesaid assertion of the Board was absolutely wr