AMMAR AHMED KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal raises the question whether a plot of land measuring 1035 square yards and situate along-side the city wall, old Delhi, is the property of Government or of Mst. Qalsum-ul-Nissa, defendant No. 1.

(2.) The plaintiffs in this case are the Governor-General of India in Council and the Delhi Improvement Trust while the contesting defendants are Mst. Qalsum-ul Nissa, defendant No. 1 and Messrs Ravi Brothers, defendant No. 2.

(3.) On 30-4-1947 the plaintiffs brought a suit against the defendants for the possession of a plot of land, 1988 square yards in extent, situate outside the city wall of Delhi and for the issue of an Injunction requiring the defendants to close the five doors which were opened by them after breaking open a part of the city wall in June or July 1946. The defendants admitted that the plaintiffs were owners of a portion of the plot measuring 953 square yards but denied their claim in respect of the remaining portion measuring 1035 square yards, hereinafter referred to as the plot of land in question. They stated that the plot of land in question has always been the property of Mst. Qalsum-ul-Nissa or her predecessors-in-interest, that it has always been in the possession of the proprietors thereof, that the five doors which are alleged to have been opened in the city wall were opened long before the year 1866, and that as the plaintiffs were never in possession of the land during a period of sixty years immediately prior to the institution of the suit, the suit is barred by time. The trial Court found in favour of the plaintiffs and granted a decree against the defendants. The latter are dissatisfied with the order and have come to this Court in appeal.