C.A. VAIDIALINGAM, J.

(1) IN this appeal on certificate issued by the Patna High Court,the question that arises for consideration is whether the respondents Nos. 1 to 8 (hereinafter referred to as the defendants) are entitled to claim restitution under Section 144 of the Code of Civil Procedure as against the appellants (hereinafter referred to as the plaintiffs) in view of the estate in which the suit lands are situated having vested in the State of Bihar under the Bihar Lands Reform Act, 1950. (Bihar Act 3 of 1950) (hereinafter referred to as the Act). The State of Bihar is the 9th respondent in this appeal.

(2) WE may now refer to the circumstances under which the claim for restitution was made by the defendants. The plaintiffs predecessors-in-title had executed a mortgage in favour of the defendants predecessors-in-title on 3/07/1906 in respect of an extent of lands measuring 10.24 acres. The plaintiffs redeemed the mortgage on 5/04/1943. Notwithstanding the redemption of the mortgage, the defendants did not make over the possession of the suit lands. Hence the plaintiffs instituted on 18/11/1946 title suit No. 93/1946 in the court of the Subordinate Judge, Arrah,