H.Mahapatra, J.

1. Plaintiffs are the appellants who instituted a suit on the 8th of January, 1957, in the Court of the Subordinate Judge at Bihar in the district of Patna against two defendants, one of whom was the Custodian of Evacuee Property, Bihar (defendant No. 2). The other defendant was Syed Salahuddin Ahmad., son of Syed Imamuddin Ahmad. Another, son of Syed Imamuddin Ahmad was Maslehuddin who was declared an evacuee under the Administration of Evacuee Property Act and half share in the suit property was also declared to be that evacuees property. As that property vested in the Custodian, he was made a party defendant to the suit. Plaintiffs allegations in the plaint were that they were coming in possession of the suit lands as their raiyati holdings and defendant No. 1 or his predecessors-in-interest were never in possession of the same. There were proceedings under Sec.145 of the Code of Criminal Procedure in regard to the suit properties, but they were ultimately quashed by the High Court on an application in revision made by the defendant. After the decision in that criminal revision case, defendant No. 1 with the Custodian, defendant No. 2, contemplated to dis