KHATRI HOTELS PRIVATE LIMITED AND ANOTHER versus UNION OF INDIA AND ANOTHER

10. RFA No.651 of 2003 filed by appellant No.2 was disposed of by the Division Bench of the High Court vide order dated 24.11.2008, the operative portion of which reads as under: "In that view of the matter, we are of the opinion that no interference is called for as far as the impugned judgment and decree is concerned, save and except to record that nothing stated in the impugned judgment and decree dated 3.3.2003 pertaining to the issues of title would be construed as bindin~ between the parties; needless to state the title dispute riould be adjudicated in the suit filed KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.] by the appellant by the learned Judge who is seized of the A suit as per evidence before the learned Judge and law applicable."

11. In the meanwhile, Surat Singh, one of the brothers of appellant No.2, filed another suit for injunction against the 8 Corporation and the ODA. He claimed that he is the co-owner of land measuring 1200 square yards forming part of khasra No. 1674, village Kishangarh. He pleaded that the premises were surrounded by a boundary wall and till January 1991 the same were being used for tethering cattle by one Ved Prakash. C He alleged that on 29.2.1992, the officials of the defendants came to the suit land with large police force and illegally demolished number of premises including the boundary wall of his property and on the next date, i.e., 1.3.1992, the officials of the defendants again came and threatened to take forcible possession of the property.

12. The suit of Shri Shri Surat Singh was dismissed by the Civil Judge vide judgment dated 1.5.2004 with the findings that the suit land belonged to Gaon Sabha and with the urbanization of the rural area of the village the same automatically vested in E the Central Government and that the plaintiff encroached the same. The appeal filed by Surat Singh was dismissed by Additional District Judge, Delhi vide judgment dated 5.8.2004. The lower appellate Court held that as per Khatoni Paimaish Exhibit DW1 /2, the suit land was a waste land being F Gairmumkin Pahar and the same belonged to Gaon Sabha and that after vesting of the land in it, the Central Government had transferred the same to the DOA. Paragraph 6 of that judgment is reproduced below: "6. the Appellant claims himself the coowner of the land, G forming part of the khasra no.1674, Village Kishangar on the basis of the Sale Deed dated 10.10.1963. A · photocopy of the Sale Deed was placed· on the record by the Appellant through which the Appellant along with the others claims to have purchased 4 bighas and 4 biswas H c of land bearing Khasra No.2728/167/4 and 2728/167/3. As per the scheme of the Delhi Land Reforms Act, 1954 (for short the DLR Act) on coming into the force of the DLR Act the proprietor of the agricultural land seized to exist. If any land was the part of the holding of a proprietor, he became the Bhumidar of it, if it was the part of the holding of some other person, such as a tenant or sub-tenant etc. he became either a Bhumidar or an Asami whereupon the rights of the proprietor in that land ceased. The land which was not holding of either of the proprietor or any other person vested in Gaon Sabha. A perusal of Kahatoni Paimaish, Ex.DW1/2 would show that the suit land was a waste land that is Gairmumkin Pahar in Union of India v. Sher Singh & Ors. II (1997) CLT 58, it was held by the Hon'ble Supreme Court of India that except the land which for the time being comprised the holding or a grove whether cultivable or otherwise, vests in Gaon Sabha from the date of commencement of the Act. The onus was on the appellant to show that the suit land was a part of the holding or a grove and the predecessors of the appellant had become a 'Bhumidar' in respect of the suit land on coming into force of the DLR Act. A notification dated 3.6.1977 was issued by the government under Section 507 of the DMC Act whereby, the area of Kishan Garh in the revenue estate of Mehrauli was urbanized, consequently in accordance with the provisions of Section 150(3) of DLR Act, the land which. had vested in Gaon Sabha came to vest in the Central Government on urbanization of the village. The Central Government, vide notification under Section 22(1) of the DD Act Dated 20.8.1974 (Ex DW1/1) had placed the entire land which had vested in the Central Government, on the urbanization of the village specified in the schedule, at the disposal of the DDA for the purpose of development and maintenance of the said land. Therefore, all land, including the suit land which had vested in Gaon Sabha, came to vest·in the Central Government and was ultimately placed at the disposal of the ODA.• KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.)

13. During the pendency of the aforementioned two suits, A appellant No.1 which is said to have been incorporated under the Companies Act, 1956 in 1994-95 with Harbir Singh Khatri another son of Lal Chand as its Managing Director and appellant No.2-Lal Chand filed third suit being Suit No.313 of 2000 (renumbered as Suit No.473 of 2004) for grant of a B declaration that the entries made in the revenue records in respect of land comprised in khasra Nos.2728/1674/2 and 2728/167 4/3 situated in the revenue estate of Mehrauli, village Mehrauli Kishangarh, Tehsil Mehrauli are wrong and illegal. The appellants further prayed for grant of a decree of mandatory c injunction directing the respondents to correct the revenue record and enter their names in the columns of ownership and possession. Another prayer made by the appellants was for restraining the respondents, their servants and agents from demolishing the superstructures and sealing or interfering with 0 their possession of the suit property or running of the restaurant.

14. In the written statement filed on behalf of the DOA, several objections were taken to the maintainability of the suit including the following: (i) The plaintiffs have not challenged notification dated 20.8.1974vide which the Central Government transferred the suit land tothe ODA. (ii) The suit was barred by limitation because the same has beenfiled after 16 years of the accrual of cause_ F of action. (iii) The suit 1s barred by the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908. (iv) The plaintiffs not only made encroachment on the suit land, but also abused the process of Court by filing different sµits. On merits, it was pleaded that the suit land belonged to Gaon Sabha and with the urbanization of village Kishangarh, the same automatically vested in the Central Government. It was further pleaded that the appellants do not have any right, titb or interest in the suit land and they do not have the locus to question the revenue entries. Another plea raised on behalf of the ODA was that the suit was barred by limitation.

15. On the pleadings of the parties, the trial Court framed the following issues: "1. Whether the plaintiff no.2 along with his brother is c the owner and in possession of suit land? 2. Whether the suit land is a government land as alleged in para no.1 of the preliminary objections? If so, whether the suit is liable to be dismissed on this ground? 3. Whether the suit is within limitation? 4. Whether the suit is barred under Order 2 Rule 2 CPC? 5. Whether the plaintiffs have not come to the court with clean hands and are not entitled to the equitable relief of injunction as stated in para VI of the preliminary objections? 6. Whether the suit land is a government land was placed at the disposal of the DOA under Section 22(1) of the ODA vide notification dated 20.08.1974? 7. Relief."

16. On a comprehensive analysis of the pleadings and evidence of the parties, the trial Court held that the plaintiffs (appellants herein) have succeeded in showing that appellant No.2 and his brothers had purchased land comprised in khasra KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.] Nos. 2728/1674/2 and 272811674/3, but they could not prove A that the land on which appellant No.1 was running 'Sahara Restaurant' is a part of those khasra numbers or that they were otherwise in lawful possession of the suit land. The trial Court then held that the suit was barred by time because cause of action had accrued 16 years ago wl-ien the suit land was B transferred to the DOA. The trial Court also held that the appellants had not approached the Court with clean hands inasmuch as they suppressed material facts relating to the vesting of the suit land in the Central Government and transfer thereof to the ODA and the documents like Aks Sijra, site plan c and demarcation report as also the facts relating to the acquisition of an area of 1512 square yards forming part of khasra No.2728/1674/3 and receipt of compensation at the rate of Rs.SO/- per square yard. The trial Court returned affirmative finding on issue No.4 and held that the suit was barred by the 0 provisions of Order II Rule 2 CPC.

17. The appeal preferred by the appellants was dismissed by the learned Single Judge of the High Court, who relied upon the judgment of the Division Bench in Rajinder Kakkar v. Delhi Development Authority 54 (1994) DLT 484 and held that with the issuance of notification under Section 507, Gaon Sabha land of Kishangarh automatically vested in the Central Government and transfer thereof to the ODA was valid. The learned Single Judge also agreed with the trial Court that the suit was barred by limitation and that the appellants had not F approached the Court with clean hands.

18. Shri Mukul Rohtagi, learned senior counsel appearing for the appellants extensively referred to the evidence produced by the parties to show that the land in question was Shamlat G Thok and argued that such land does not vest in Gaon Sabha. Learned senior counsel further argued that the notification issued under Section 507 of the DMC Act and the provision contained in Section 150(3) of the Land Reforms Act have no bearing on the appellants' case because the suit land did not H belong to Gaon Sabha and the trial Court and the High Court committed serious error by recording a finding that the suit land automatically vested in the Central Government and that the same was validly transferred to the ODA. Shri Rohtagi pointed out that the suit land was owned by Smt. Kasturi widow of Jhuman Singh and Rattan Lal son of Trikha Ram, who sold it to S/Shri Parma Nand, Tej Nath, Tej Prakash, Gokal Chand and Ram Ohan by registered sale deed dated 7.10.1959 and legal heirs of Parma Nand and other vendees sold the same to appellant No.2 and his brothers vide sale deed dated 10.10.1963. Learned senior counsel assailed the concurrent finding recorded by the trial Court and the High Court on the issue of limitation and submitted that the suit filed in the year 2000 was within time because the cause of action accrued to the appellants for the first time in 1998 when they came to know o about the entries made in the revenue records in favour of the DOA. In support of this argument, Shri Rohtagi relied upon the judgment of this Court in Rukhmabai v. Lala Laxminarayan (1960) 2 SCR 253.

19. Shri Harin P. Raval, learned Additional Solicitor General and Shri Amarendra Sharan, learned senior counsel appearing for the DOA argued that the concurrent finding recorded by the trial Court and the High Court that land on which the appellants were running a restaurant does not form part of khasra Nos. 2728/1674/2 and 2728/1674/3 is a pure finding of fact based on correct analysis of the pleadings of the parties and evidence produced by them and the same does not call for interference under Article 136 of the Constitution. Shri Sharan submitted that the suit filed by the appellants for declaration of title and injunction was rightly dismissed by the G trial Court because they had not produced any evidence to prove that the suit land forms part of land pur.;has~ by appellant No.2 and his brothers. Shri Sharan then argued that the suit filed in the year 2000 was barred by limitation because the cause of action had accrued to the appellants on 10.8.1990 H when the officials of the Corporation and the ODA are said to KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.) have visited the suit premises and threatened to demolish the A superstructure and, in any case, the cause of action accrued to them in December 1990 when the written statement was filed on behalf of the DDA with a categorical assertion that with the urbanisation of the rural areas of village Kishangarh, the suit land automatically vested in the Central Government, which B transferred it to the DDA vide notification dated 20.8.197 4. Learned senior counsel lastly submitted that the appellants are not entitled to any relief because they had not approached the Court with· clean hands and suppressed material facts and documents. c

20. We shall first consider the question whether the suit filed by the appellants on 14.2.2000 was within limitation and the contrary concurrent finding recorded by the trial Court and the High Court is legally unsustainable.

21. The Limitation Act, 1963 (for short, 'the 1963 Act') prescribes time limit for all conceivable suits, appeals etc. Section 20) of that Act defines the expression "period of limitation" to mean the period of limitation prescribed in the Schedule for suit, appeal or application. Section 3 lays down E that every suit instituted, appeal preferred or application made after the prescribed period shall, subject to the provisions of Sections 4 to 24, be dismissed even though limitation may not have been set up as a defence. If a suit is not covered by any specific article, then it would fall within the residuary article. In other words, the residuary article is applicable to every kind of suit not otherwise provided for in the Schedule.

22. Article 58 of the 1963 Act, which has bearing on the decision of this appeal, reads as under: "THE SCHEDULE PERIODS OF LIMITATION [See sections 20) and 3] FIRST DIVISION – SUITS Description of suit Period of limitation Time from which period begins to run PART Ill – SUITS RELATING TO DECLARATIONS c 58. To obtain any other Three years When the right to sue declaration first accrues." 23. Article 120 of the Indian Limitation Act, 1908 (for short, 'the 1908 Act') which was interpreted in the judgment relied upon by Shri Rohtagi reads as under: "Description of suit Period of limitation 120. Suit for which no Six years period of limitation is provided elsewhere in this Schedule. right to sue accrues." Time from which period begins to run When the right to sue accrues." 24. The differences which are discernible from the language of the above reproduced two articles are: (i) The period of limitation prescribed under Article 120 of the 1908 Act was six years whereas the period of limitation prescribed under the 1963 Act is three years and, (ii) Under Article 120 of the 1908 Act, the period of limitation commenced when the right to sue accrues. As against this, the period prescribed KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.] under Article 58 begins to run when the right to sue first accrues. 25. Article 120 of the 1908 Act was interpreted by the Judicial Committee in Mt. Bolo v. Mt. Kok/an AIR 1930 PC 270 and it was held: "There can be no 'right to sue' until there is an accrual of the right asserted in the suit and its infringement, or at least, a clear or unequivocal threat to infringe that right, by the defendant against whom the suit is instituted." 26. The same view was reiterated in Annamalai Chettiar v. A.M.K.C. T. Muthukaruppan Chettiar (1930) I.LR. 8 Rang. 645 and Gobinda Narayan Singh v. Sham Lal Singh (1930- 31) L.R. 58 I.A. 125. In Rukhmabai v. Laxminarayan (supra), c the three-Judge Bench noticed the earlier judgments and summed up the legal position in the following words: "The right to sue under Article 120 of the 1908 Act accrues when the defendant has clearly or unequivocally threatened to infringe the right asserted by the plaintiff in the suit. Every threat by a party to such a right, however ineffective or innocuous it may be, cannot be considered to be a clear and unequivocal threat so as to compel him to file a suit. Whether a particular threat gives rise to a compulsory cause of action depends upon the question whether that threat effectively invades or jeopardizes the said right." 27. While enacting Article 58 of the 1963 Act, the legislature has designedly made a departure from the language of Article 120 of the 1908 Act. The word 'first' has been used between the words 'sue' and 'accrued'. This would mean that if a suit is basej on multiple causes of action, the period of limitation will begin to run from the date when the right to sue first accrues. To put it differently, successive violation of the right will not give rise to fresh cause and the suit will be liable to be dismissed if it is beyond the period of limitation counted from A the day when the right to sue first accrued. 28. In the light of the above, it is to be seen as to when the right to sue first accrued to the appellants. They have not controverted the fact that in the written statement filed on behalf 8 of the DDA in Suit No.2576 of 1990-Lal Chand v. MCD and another, it was clearly averred that the suit land belonged to Gaon Sabha and with the urbanisation of the rural areas of village Kishangarh vide notification dated 28.5.1966 issued under Section 507 of the DMC Act, the same automatically C vested in the Central Government and that vide notification dated 20.8.1974 issued under Section 22(1) of the DD Act, the Central Government transferred the suit land to the DDA for development and maintaining as Green. This shows that that the right, if any, of the appellants over the suit land stood violated with the issue of notification under Section 507 of the DMC Act D and, in any case, with the issue of notification under Section 22(1) of the DD Act. Even if the appellants were to plead ignorance about the two notifications, it is impossible to believe that they did not know about the violation of their so-called right over the suit land despite the receipt of copy of the written E statement filed on behalf of the ODA in December, 1990. Therefore, the cause of action will be deemed to have accrued to the appellants in December, 1990 and the suit filed on 14.2.2000 was clearly barred by time . 29. The issue deserves to be considered from another angle. Although, paragraph 19 of Suit No. 303/2000 was cleverly drafted to convey an impression that the right to sue accrued to the appellants in November/December, 1998 when they learnt about the wrong recording of entries in Khasra G Girdawris/Revenue Records, but if the averments contained in that paragraph are read in conjunction with the pleadings of the earlier suits, falsity of the appellants' claim that the cause of action accrued to them in November/December, 1998 is established beyond any doubt. In the first suit filed by him, H appellant No.2-Lal Chand had pleaded that the cause of action KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.] accrued on 10.8.1990 when the officials of the respondents came to the suit premises and threatened to demolish the same. In the second suit filed by Surat Singh (brother of appellant No.2-Lal Chand), it was claimed that the cause of action accrued on 29.2.1992 when the officials of the respondents demolished the boundary wall of the property on the ground that the same was Gaon Sabha land. The appellants have not explained starking contradictions in the averments contained in three suits on the issue of cause of action and in the absence· of cogent explanation, it must be held that the statement contained in paragraph 19 of Suit No.313 of 2000 C was per se false and, as a matter of fact, the cause of action had first accrued to the appellants on 10.8.1990 when their so called right over the suit land was unequivocally threatened by the respondents. Therefore, the suit filed by the appellants on 14.2.2000 was clearly beyond the period of limitation of 3 years prescribed under Article 58 of the 1963 Act and was barred . by time. 30. While considering the question whether the suit was barred by time, the trial Court noticed the averments contained in paragraphs 9 and 10 of the plaint that during the course of E preparation of the trial of Suit No. 2576/1990 – Lal Chand v. MCD and another, the appellants applied for a copy of Khasra Girdawaris of the suit land and they were shocked to learn that the revenue records have been incorrectly maintained and they were neither shown as owners/bhumidars nor in possession of the suit land, referred to the pleadings of the suit filed by appellant No.2 – Lal Chand in 1990 and observed: "Therefore, as per the pleadings that the cause of action accrued when according to plaintiff he applied for the G copies of the Khasra Nos which was in Nov.-Dec, 1998 during the course of trial in the earlier suit. This claim of the plaintiff however does not appear to be factually correct. It is evident from the judgment dated 03.03.2003 that the detailed written statement had been c filed by the DOA before the Ld. Civil Judge when the suit filed by Lal Chand Plaintiff No.2 on 18.08.1990 wherein the DOA had specifically pleaded that the land form part of Khasra No.2728/1674/2 & 2728/1674/3 situated in the revenue estate of village Kishangarh, Teh Mehrauli, New Delhi and the urbanization of village Mehrauli, all the Gaon Sabha land vested in the central govt, but later on transferred this land at the disposal of the defendant DOA for development and maintenance as green, vide notification dated 20.08 197 4 and the plaintiff has no right, title or interest over the suit land. It was further pleaded that the plaintiff had wrongly and unauthorizedly occupied the land and constructed the boundary wall alongwith three temporary room which construction was unauthorized and it was denied that the suit property existed for the last 16 years. It is further evident from the said judgment that after the plaintiff filed the replication continuing the aforesaid issue were framed by the Ld. Civil Judge on 11.03.1997. This being so, it is unbelievable that the date of koowledge by the plaintiff was of Nov-Dec, 1998. Rather the plaintiffs were fully aware of the land being at the disposal of the ODA from the proceeding in suit No.2111 02190 when the DOA filed its written statement when the limitation started to run more so as the plaintiff No.2 had a/so filed replication continuing the aforesaid and therefore as per the provisions of the /imitation act, Article 58 of the schedule, challenging to the same should have been made within the period of limitation which is within 3 years from the date of knowledge and limitation which has started running, it is not extended by the plaintiff by obtaining certified copy or by giving notice to the defendants. This suit which has been filed only on 11.02.2000 is clearly not within the period of limitation of 3 years from the date when the DOA filed its written statement in suit No.211/02/90 and the plaintiff No,2 is first assumed to have acquired knowledge and in attempt to cover up this delay the plaintiff is trying to falsely create KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.] the cause of action in Nov-Dec, 1998 attributing the A advantage as during the trial when he applied for the copies of the revenue record despite the fact that the period of limitation started to run when the written statement was filed by DOA to which the plaintiff No.2 filed replication pursuant to which the issue framed was, whether the plaintiff has any legal rights to file the present suit. This being the case, I hereby held that the present suit is clearly beyond the period of limitation and I decide the issue No.3 against the plaintiff." c (emphasis supplied) 31. The High Court agreed with the trial Court and held that the suit was barred by time. The reasons assigned by the High Court for coming to this conclusion are contained in paragraphs 38 to 45, which are extracted below: "38. First suit filed by Lal Chand (Appellant no.2 in the present proceedings), being suit (no. 2576 of 1990), was suit for Injunction simplicitor. That suit was dismissed by judgment/ order dated 3.3.2001. As per findings given in that suit, the Plaintiff was never the owner; the land was Government land; the land vested in Central Government after issuance of notification under Section 507 of DMC Act and thereafter, the land was transferred to ODA. 39. Against dismissal of that Suit for Injunction, an appeal bearing (No. RFA 651/2003) was filed and this Court disposed of the Appeal, vide order dated 24th November 2008. 40. In that suit, it was alleged in plaint that; "It was sometime in March 1990 that Tehsildar along with officers of DOA came to the site of Plaintiff with dispossession and demolition." 41. Now after 10 years, appellant being a co-owner, cannot H c seek relief against alleged threat of demolition or dispossession and present suit is clearly barred by limitation. 42. In that suit in written Statement, a specific plea was taken by answering respondent herein, that land in question by virtue of issuance of notification under Section 507 of DMC Act, on urbanization, came to be vested with Union of India and thereafter, transferred to answering respondent. Relevant preliminary objection taken therein the written statement is as under; 'That the suit as filed is false, frivolous and not maintainable. The plaintiff has no legal right to file the present suit. The land forms a part of Khasra no. 1.674 of Village- Mehrauli. This land belong to the Gram Sabha and on the urbanization of village Mehrauli, all the Gram Sabha land vested in the Central Government, later transferred this land at the disposal of the defendant DOA vide notification No. S.O. 2190 dated 208-1974. Therefore, it is clear that the plaintiff has no right, title or interest in the property. In this view of the matter, this suit may be dismissed. " 43. It is also contended that second suit was filed by Surat Singh, one of the co-owners. That was again a Suit for Injunction, which was dismissed and against this, an appeal (No. RCA No. 29/2004) was preferred before Additional District Judge on 5th August 2004 and same was also dismissed. 44. The appellate court, while dismissing the suit of Surat Singh, referred to the pleadings made in the plaint, "That on 29-2-1992, police officials along with the officials of DOA visited the site and proceeded to demolish inter alia the boundary wall of the disputed KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.) land. Clearly, therefore, the cause of action had matured and limitation, which necessarily commenced from the date of the demolition of the premises." 45. That suit was filed in 1992 and surely, a subsequent suit by another co-owner, cannot be maintained after a lapse of 8 years." 32. What is most surprising is that even though appellant No.2 – Lal Chand was cited as the first witness in Suit No.303/ 2000 (renumbered as 473/2004), he did not step into the witness box. This appears to be a part of calculated strategy. He knew that if he was to appear as a witness, it will not be possible for him to explain the apparent contradictions in the pleadings of the three suits on the issue of cause of action and. falsity of the averments contained in paragraph 19 in Suit No.303/2000 will be exposed. This is an additional reason for holding that the trial Court and the High Court did not commit any error by recording a conclusion that the suit was barred by limitation. 33. The next question which requires consideration is whether the finding recorded by the trial Court on issue Nos.1 and 2 is legally correct and the High Court rightly declined to interfere with the same. The trial Court adverted to the pleadings of the parties and evidence produced by them and observed: " …. The plaintiff has not placed on record any document nor has examined any witness to prove the location and boundaries of the said land. It is unbelievable that sale of the immoveable properties could have taken place without identification of the property with regard to its location. As per existing practice all such transactions of immoveable properties either bear the complete details of the boundaries to assist location of the property sold alongwith the site plan or is accompanied by aks-shijra. However, in the present case this has not been done and the plaintiff has not adduced in evidence to prove boundary of the suit land. Therefore, on the basis of the aforesaid, I hold that the plaintiff No.2 had purchased the land falling in Khasra No. 27281167412 & 27281167413 but he has not been able to prove the location of the said land comprising of Khasra No. 27281167412 & 27281167413. The plaintiff has further not been able to connect the land over which the plaintiff No. 1 is running Sahara Restaurant to the land comprise in Khasra No. 27281167412 & 27281167413 of which the plaintiff No.2 and his brother are stated to be the owners. That the DOA has placed on record the complete area location plan Ex.D2W114 to which there is no rebuttal. Only simply suggestion has been given to the witness of the defendant that the aforesaid plan is incorrect but the plaintiff has not placed on record any other alternative plan which according to him, is according to plan, therefore, in these circumstances I find no reason to discard the aforesaid documents which shows that Sahara Restaurant has been constructed in front of the community centre No.1, Nursery School No.2 and Group Housing Jania Flats – 952 on the road and is shown to be away from abadi of village Kishangarh, Mehrauli, New Delhi. Annexure-A of the award Ex.PW4/1 shows that Khasra No.2728/1674 falls in old abadi of village Kishangarh and in these circumstances it is not possible to '.Jelieve that the aforesaid khasra No.2728/1674 would be located away from the main village abadi. There it appears that the plaintiff has deliberately tried to create confusion with regard to the khasra No.2728/1674 and as admitted, to show that the land on which the Sahara Restaurant is constructed is bearing khasra No. 2728/1674/2 and 27281 1674/3 which is no the case and apparently it was for this reason that he has deliberately no placed on record any site plan, aks-shijra, demarcation report made in plan document to prove the khasra numbers. KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.] In view of the above I hereby hold that the plaintiff has A proved that he has purchased the land falling in Khasra No. 2728/1674/2 and 2728/1674/3 but has not been able to prove that the land on which the plaintiff No.1 is running Sahara Restaurant is comprise of Khasra No. 2728/1674/ 2 and 2728/167 4/3 or that he is in legal possession of the B suit land over which the Sahara Restaurant is constructed." (emphasis supplied) The trial Court then proceeded to observe: "Vide my above findings with regard to issue No.1, I have C already held that the plaintiff has not been able to prove hat the land on which a large restaurant is made falls in Khasra No. 2728/1674/2 and 2728/1674/3 and that in fact Khasra No. 2728/1674/2 and 2728/1674/3 is a part of old abadi which is situated at distance and away from the D place where the Sahara Restaurant is constructed. The notification u/s. 22(1) of the DDA dated 20.8.1974 which is Ex.DWW1/2 is not disputed by both the parties. Firstly the plaintiff has not produced any document in the form of demarcation report or aks-shijra which show that the land E on which Sahara Restaurant is situated false in Khasra No. 2728/1674/2 and 2728/1674/3 and is same land which has been purchased by the plaintiff No.2. The sale deed so relied upon by the plaintiff is Ex.PW3/4 does not show the boundaries and identification of the land initially sold by Ratan Singh and Kasturi Devi so purchased by the plaintiff No.2 later vide Ex.PW3/3. Secondly no explanation is forthcoming with regard to the acquisition award/ proceedings placed before this court which are Ex.PW4/ 1, showing that Khasra No.1673 min(0-12) and Khasra No. 2728/1674/3 min plus 2(14-14) then the area of 1512 G sq. yards has been acquired with the rte of claim as Rs.50/ – per sq. yard and the compensation is awarded at Rs.1,55,600/- in all which is in respect of acquisition of land of Ran Singh, Dhan Singh, Lal Chand, Suraj Singh all sons c of Mam Raj as shown in sl. No.66 ………… .. Annexure-A to the award Ex.PW411 shows Khasra No. 272811674 to be falling in old village abadi and no explanation is forthcoming as to how the land on which Sahara Restaurant has been constructed is situated away from the Abadi which according to Dx.D2W114 is constructed on the road in front of the Group Housing Janta Flats-952, Nursery School-II and community center-I. It is unbelievable that khasra No.272811674 which falls in old village abadi can be situated away from the said award. Fourthly, in the earlier suit filed by the plaintiff No.2 in the year 1990 before Ld. Civil Judge the plaintiff No.2 had claimed that he is in possession of two rooms and tin shed which he is using for residential purpose and no explanation is forthcoming as to how this huge construction of a big restaurant was made which is being used by the plaintiff No.1 for commercial purposes. It is evident from the order dated 24.11.2008 in RFA No.651103 that the High Court was apprised of the earlier report of the local commissioner in suit No.211102190 and the large scale construction raised by the plaintiff over the said land despite the status quo order without the sanction of the municipal authority. Even otherwise no permission can be granted by the DOA for any been uncontroverted by the plaintiff, has constructed restaurant by encroaching upon the govt. land meant for road. Unaer the garb of the present suit the plaintiff are indirectly challenging notification by which village Kishangarh was urbanized and the land was placed at the disposal of the DOA without srecifically challenging the same as the entries made in the revenue record are only pursuant to the said notification. Therefore, in view of the aforesaid, I hereby decide this issue No.2 against the plaintiff and in favour of the defendants." (emphasis supplied) 34. Though, the High Court did not examine the issue in H detail as was done by the trial Court, the learned Single Judge KHATRI HOTELS PRIVATE LIMITED AND ANR. v. UNION OF INDIA [G.S. SINGHVI, J.] did make a note of the two notifications, the judgment in Rajinder Kakkar's case and held that by virtue of Section 150(3) of the Land Reforms Act, the suit land automatically vested in the Central Government and the same was transferred to the ODA under Section 22(1) of the DD Act. In our view, the conclusion recorded by the trial Court that the appellants have failed to prove that the suit land formed part of khasra Nos. 2728/1674/2 and 2728/1674/3 does not suffer from any error because they did not adduce any evidence to establish that the ·land on which restaurant was being run formed part of those khasra numbers. c 35. We also approve the findings and conclusions recorded by the trial Court that the appellants had not approached the Court with clean hands inasmuch as they withheld Aks Sijra,. site plan and the demarcation report and awarctExhibit PW4/ 1. Not only this, they raised illegal construction despite the D injunction order passed by the High Court and that too without obtaining permission from the competent authority. 36. In view of the above discussion, we do not consider it necessary to deal with the question whether the suit filed by the appellants was barred by Order II Rule 2 CPC. 37. In the result, the appeal is dismissed. The appellants, who have not only made encroachment on the public land, but also abused the process of the Court are saddled with cost, which is quantified at Rs.5 lacs. Of this, Rs.2.5 lacs be deposited with the Supreme Court Legal Services Committee within two months from today. The balance amount of Rs.2.5 lacs be deposited with the Delhi State Legal Services Committee within the same period. If the appellants fail to deposit the cost, the Secretaries of the two Legal Services G Committees shall be entitled to recover the same as arrears of land revenue. B.B.B. Appeal dismissed.