S.U. Khan, J.—Heard learned counsel for the parties.

2. This second appeal was admitted on 13.12.1985 by the following order:

“Admit. Issue notice.

The only substantial question which arises for consideration in this appeal is whether the lower appellate court has declined to issue a Survey Commission sought by the appellants by means of an application dated September 5, 1985 (Paper No.30C) on legally permissible grounds.”

3. This is plaintiffs’ second appeal arising out of O.S.No.34 of 1981, which was dismissed on 24.08.1982 by Munsif, Court No.7, Shahjahanpur. Against the said decree, plaintiffs filed Civil Appeal No.106 of 1982, which was dismissed by IV A.DJ., Shahjahanpur on 10.09.1985, hence this second appeal.

4. Defendant respondent No.4, Abhivaran Singh was owner/bhoomidhar of some land. First, he sold a part of his land to the plaintiffs on 09.05.1978, which was comprised in Plot No.272, area 0.35 acres. Thereafter he sold some property on 21.08.1979 to defendants No.1 to 3, which according to the plaintiffs included part of the land which had earlier been sold to the plaintiffs and which was comprised in Plot No.272.

5. The trial Court held that the plaintiff