1. This appeal is by the plaintiff. The appeal was admitted on following substantial question of law :

“Whether the suit could have been dismissed without issuance of Survey Commission to fix up the identity of the disputed land?”

2. Facts giving rise to filing of the appeal briefly stated are that the appellant had filed the suit on the ground that he is the owner of the land admeasuring 1,500 square feets forming part of Khasra No.32 which was purchased by him by registered sale-deed dated 20.8.1971. However, the defendants No.1 and 2 encroached part of the suit land mentioned with the letters A,B,C,D in the plaint map. Thereupon, the plaintiff filed the suit seeking a relief of declaration and possession. The defendants No.1

and 2 filed the written statement in which inter alia, it was pleaded that defendant No.2 had purchased the land forming part of Khasra No.32 on 20.1.1976. It was pleaded that the land purchased by the plaintiff has been acquired for construction of by-pass road and the defendants are in possession of the land purchased by them.

3. The trial Court vide judgment and decree dated 27.1.1998 dismissed the suit filed by the plaintiff. In appeal the aforesaid