- (1.) Leave granted.
(2.) Respondent No. 6 herein as the Plaintiff filed a suit T.S. No. 9 of 1996 for a declaration of his title to the suit property, for confirmation of his possession over it and if it were to be found that the plaintiff had been dispossessed from the plaint schedule property during the pendency of the suit, for the grant of a decree for recovery of possession through the process of court, for a perpetual injunction restraining the defendants from interfering with his peaceful possession of the plaint schedule property and for other incidental reliefs. The suit was filed against two defendants; the Divisional Forest Officer and the State of Bihar, who are respondents 1 and 2 herein. Defendants 1 and 2 filed a written statement denying the claim of title and possession by the plaintiff. They pleaded that the property was vested forest having been notified as such under Section 29 of the Forest Act, 1927, which remained vested in the State; that the plaintiff had no cause of action and that the suit was not maintainable for want of notice under Section 80 of the Code of Civil Procedure. The suit went to trial. Evidence was closed. Arguments concluded. Judgement was reserved. At that stage, certain third parties who are the appellants herein, filed an application under Order I Rule 10(2) of the Code of Civil Procedure claiming that they are in possession of properties including the suit property as owners and that they have right, title, interest and khas possession over the suit land. They submitted that their presence before the court was necessary in order to enable the court to effectually and completely adjudicate upon and settle all the questions involved in the suit. It is to be noted that there was no allegation that the plaintiff was attempting to interfere with their right or possession. It was only stated that they had come to know that the plaintiff had filed a suit based on some illegal and invalid documents and was proceeding with the suit speedily without impleading them. The said application was allowed by the trial court. The impleaded parties were ranked as defendants 3 to 17 in the suit.
(3.) A written statement was filed on behalf of defendants 3 to 12 disputing the claim of the plaintiff and pleading that the suit properties were held by them as descendants of one Tikait Maharaj Singh and they were in khas possession of the land. They pleaded that they were in peaceful possession of the plaint schedule property by inheritance that they and their ancestors have acquired raiyati right over a large extent of land which took in the suit land, both under law by adverse possession and under the provisions of the Bihar Land Reforms Act. They reiterated that they were claiming to be in peaceful possession of the suit lands ever since the time of their ancestors. The land had not been demarcated by the forest authorities in the year 1964-65.;