Hardayal Hardy, J. - (1.) The title of the suit gives the names of two plaintiffs, but in reality the plaintiff is only one as the second plaintiff Goodwill Pictures Limited is merely the old name of the first plaintiff Goodwill India Limited. The suit is for a declaration that the plaintiffs are the owners of certain immovable property the market value of which according to them is Rupees fifty p. lacs, and that they are not liable to be dis-possessed therefrom by defendants I to 5 without adequate compensation being given to lhem in the course of acquisition proceedings under the Land Acquisition Act, 1894.
(2.) The plaintiffs originally based their claim to relief on a saledeed executed in their favour by defendants 6 and 7. Later, they filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating therein an alternative plea that in case they are not held to be the absolute owners of the property in dispute by virtue of its purchase by them and instead the government is held to be the owner thereof then the plaintiffs and their predecessors-in-interest have acquired title to the property by adverse possession and prescription inasmuch as they have been in actual, open, exclusive, un-interrupted and hostile possession of the property for the last 100 years and more to the knowledge of the government.
(3.) The plaintiffs' prayer for amendment of the plaint was allowed by this court and the defendants also filed their written statements. Defendants I to 5 however took a preliminary objection to the effect that no notice under section 80 Civil Procedure Code had been served on them with respect to the alternative plea of adverse possession. Defendant No. 3 also repeated its earlier objection that no notice under section 53-B of the Delhi Development Act, 1957 was ever served on it and as such the suit was not maintainable.;