JUDGMENT

Y. V. CHANDRACHUD, J. :—The appellants brought in the court of the Additional Subordinate Judge of Begusarai a suit against the respondents and others for a declaration of their title in regard to certain property situated in the village of Matihani and for possession thereof. They also asked for mesne profits for the years 1357 fasli to 1360 fasli and for future mesne profits. The suit was decreed by the trial court. Under the decree, the appellants became entitled as owners of the suit property to recover possession thereof from the respondents and for mesne profits from the year 1357 fasli until recovery of possession. In an appeal filed by the respondents the High Court dismissed the suit on the ground, firstly, that the appellants were not entitled to recover possession of the suit property by reason of the provisions contained in Ss. 3, 4 and 6 of the Bihar Land Reforms Act XXX of 1950, and secondly, that the suit was barred by limitation by virtue of article 3 of Sch. III of the Bihar Tenancy Act VIII of 1885. The High Court granted to the plaintiffs a certificate under Art. 133 (1) (a) of the Constitution to file an appeal to this Court.

2. Mr. Desai, who appears on