K.Ahmad, J.

1. The suit by the plaintiffs, who are main respondents in this Court, was for declaration of title and recovery of possession in respect of a lane bearing municipal Khasra No. 334 and for mandatory injunction directing the defendants to close their door and windows facing that lane. In defence, the main pleas raised were (i) that no encroachment had been made by the defendants over the lane, and (ii) that the suit, as framed, was bad for want of notice under Section 508 of the Patna Municipal Corporation Act, 1951 . It is not denied that on the east of the lane in dispute is the house of the defendants which, during the cadestral survey was measured as plot No. 83 and in the municipal survey in plot Nos. 713 and 714. And that on its west is the house of the plaintiffs, which, during the cadestral survey was measured as plot No. 76 and during the municipal survey as plot No. 333. Both the Courts have concurrently found that the land in dispute forms part of the plaintiffs plot on the west, namely, that of cadestral survey plot No. 76 and municipal survey plot No. 333. The trial Court, however, dismissed the suit, on the ground that the suit, as constituted, was