IMPORTANT POINT
In land disputes, precise identification of property is crucial; courts must appoint a survey commission to ascertain location when ownership is contested.

JUDGMENT :

J.J. Munir, J.

1. This is a defendants’ second appeal arising out of a suit for permanent prohibitory injunction.

2. Original Suit No.866 of 2005 was instituted in the Court of the City Munsif, Meerut by the five plaintiff-respondents to this appeal, praying that a decree of permanent injunction be passed against the defendants, to wit, the Uttar Pradesh Avas Evam Vikas Parishad, Lucknow and the Assistant Housing Commissioner of the Parishad aforesaid to the effect that the defendants be restrained from interfering in the rights and possession of the plaintiffs, demolishing their standing constructions or interfering with the construction work carried on by the plaintiffs on the land in dispute, the full particulars whereof are given at the foot of the plaint. The property, subject matter of the said suit, was shown to be 5000 square yards of land of Khasra No.5751, part of Khewat Nos.1 and 15, situate at Victoria Park, Dhobi Ghat, Meerut City (for short, ‘the suit property’), with boundaries detailed. Plaintiff-respondent No.1, Sirajuddin son of Sheikh Fariduddin, claimed himself to be the owner and landlord of the suit property. Plaintiff-respondent Nos.2 to 5, to wit, Maharaj Singh, Ashok Kumar, Shripal Singh and Ashok Kumar Sharma, claimed possession over the suit property as tenants of plaintiff No.1, Sirajuddin. Plaintiff- respondent Nos.2 to 5 pleaded that they were carrying the business of a dairy in the suit property and there was no dispute between Sirajuddin, the owner and landlord on one hand and plaintiff-respondent Nos.2 to 5, tenants on the other. The plaintiff-respondents shall together be referred to as ‘the plaintiffs’ hereinafter. In the event of reference to some of them, the reference would be by their number in the array or other individual reference.

3. Plaintiff Nos.2 to 5 say that they are in possession since the year 1972 and have earned goodwill for their business. Plaintiff No.1, therefore, agreed to transfer the suit property in favour of plaintiff Nos.2 to 5, executing a registered agreement to sell dated 11.04.1990 in their favour for a total sale consideration of Rs.5,00,000/-. Plaintiff Nos.2 to 5 paid the first plaintiff in earnest a sum of Rs.4,70,000/-. It is averred that plaintiff Nos.2 to 5, being in possession of the suit property prior to execution of the agreement to sell, plaintiff No.1, in part performance of the contract, delivered possession to plaintiff Nos.2 to 5. The defendants have no interest whatsoever in the suit property. On the other hand, plaintiff Nos.2 to 5 are tethering their cows and buffaloes and carrying on business. The defendants have never acquired or purchased the suit property. It was also pleaded by the plaintiffs that the total area of Khasra No.5751 was 29 bigha 13 biswa (pucca), of which in Khewat Nos.1 and 15 Mahal 3+7 - 1/2 and 13+2 – 1/2, 13 bigha 8 biswa was part of the Khewat of the zamindars. Two biswa land of Khasra No.5751 was part of other Khewat, belonging to other zamindars and 16 bigha 5 biswa was mafi davam mahal.

4. A sale deed was executed on 04.07.1949 by Wahiuddin in favour of Smt. Bhuria, conveying 2 bigha land out of Khasra No.5751, located towards the northern side of the said plot. The land, which was purchased by Smt. Bhuria on northern side of the Khasra was located near the road. After Bhuria’s demise, her son Allah Mehar inherited the said land. This land came to be known as Dhobi Ghat and is part of the land acquired out of Khasra No.5751, the total acquisition out of the said plot, being an area of 12 bigha 5 biswa.

5. It is also the plaintiffs’ case that though acquired, possession of land purchased by Smt. Bhuria, known as Dhobi Ghat, was not taken by the defendants. Instead, they are asserting claim to 2 bigha land towards south of the part of Khasra No.5751, belonging to Smt. Bhuria and after her, her son, Allah Mehar. The suit property is situate to the south of the part of Khasra No.5751, that has not been acquired. The