Ahmad, J.

1. This is an application by the State of Bihar, who are defendants in the suit, against an order dated 5-5-1955, whereby the learned Munsif has directed the Nazir to give delivery of possession of the plot in dispute to opposite party No. 1 which, it was alleged before the learned Munsif, was taken possession of by the petitioner in spite of the order of interim injunction passed in the case on 6-5-1954.

2. The suit giving rise to his application relates to plot No. 5205 in Khata No. 291 which has an area of about 22 acre. In the survey record of rights it was recorded as ghairmazrua khas of the then Raja of Jharia. The case of the opposite party No. 1 who is the plaintiff in the suit, is that the then Raja of Jharia settled some lands with her as a tenancy holding including the plot in dispute, and since then she has been in possession of the same.

Long thereafter the estate of the Raja of Jharia vested in the State of Bihar by a notification issued under the Bihar Land Reforms Acton 27-10-1952. On the publication of that notification, it appears that the Revenue Subdivisional Officer, Giridih, issued a notice on 26-10-1953, to the Raja of Jharia requiring him t