ORDER :

1. This appeal is preferred against the judgment of the Division Bench of the High Court of Judicature at Patna whereby the High Court had reversed the order passed by the Additional Collector, Supaul directing restoration of possession of the disputed land admeasuring about 10.47 acres to the appellants under the provisions of the Bihar Kosi Area (Restoration of Lands to Raiyats), Act, 1951 (for short, “the Act”).

2. We have heard learned counsel for the parties at length. Having done so, we are inclined to dispose of the appeal on the ground of unreasonable delay in applying for restoration of the land. The few dates necessary for deciding this issue are as follows :

3. On 13.08.1942, the suit land was sold in auction in execution of the Rent Decree. The suit land was then put in possession of the appellant(s)' predecessor. In execution, the land was purchased by one Babu Md. Abdus Samad. Thereafter, the land appeared to have changed hands four times.

4. In 1951, the State of Bihar enacted the Act. The Act provided for restoration of certain lands to farmers, i.e., raiyats, which were sold for arrears of rent or from which they were ejected for arrears of rent between 1st day