Permanent Injunction–Suit for–Decreed by the First Appellate Court in favour of plaintiffs–Appreciation of–Specific pleadings of plaintiffs in the plaint that after the death of Thakur RS, they are in possession of the suit land being title holder–Claim of appellant-defendant that the land was vested in UIT and it was left for the park–Pleadings of plaintiffs constitute the plea of specific and implied denial–PW 1 made the specific denial that Thakur RS surrendered the land for public or public park and deposed that if the land had been surrendered, it would have been documented through any registry–Similar depositions of PW 2 & PW 3–None of the defendants’s witnesses have proved by placing on record that which layout plan was submitted with letter dated 08.02.1960–Specific findings of Appellate Court with regard to the acquisition of part of land comprising in the land of RS–Plea of appellants that Ex. A1/1 was the map, which was submitted for approval along with the letter dated 01.01.1958 is an afterthought–Both the layout plans were suppressed and not produced by the appellant-UIT during the trial–Held, suit was rightly decreed in favour of the plaintiffs.


