Hon’ble Siddhartha Sah, J.

This second appeal has been preferred against the judgment and decree dated 11.03.2011 passed by the Additional District Judge/FTC-III, Dehradun in Civil Appeal No. 10 of 2007, Mussoorie Dehradun Development Authority v. Lt. Gen. R.K. Jasbir Singh & Others, as well as the judgment and decree dated 14.02.2007 passed by the Additional Civil Judge-I (Senior Division), Dehradun in Original Suit No. 621 of 2004, Lt. Gen. R.K. Jasbir Singh & others v. Mussoorie Dehradun Development Authority.

2. The genesis of the present second appeal is traceable to a suit instituted by the plaintiffs/respondents before the Court of the Civil Judge (Senior Division), Dehradun, seeking declaration and possession. The suit was filed on the premise that the plaintiffs are the owner and Bhumidhars of part of Khasra No. 430 (New No. 908), situated at village Adhoiwala, Central Doon. DEAL, Dehradun acquired 14.17 acres of plaintiff’s land in Khasra No.430, 431, 307, in village Adhoiwala in 1990, but left 0.670 hectare land out of Khasra number 430. DEAL put up fencing around acquired land blocking access to part of Khasra number 430 (New No. 908), left by DEAL. The suit property is f