Anwar Ahmad, J.

1. This appeal by defendants 4 and 5 arises out of a suit for declaration that, inasmuch as the Commissioners of Gaya Municipality, represented by original defendant no, 1 at fee time of the institution of the suit, had no right to settle or lease out any portion of the footpath, that Is to say, plots 11467 and 11469, which appertained to the Halliday Road, subsequently known as Shrl Krishna Prakash Road, the settlement of the disputed area out of the plots by Gaya Municipality in favour of defendants 2 to 5 under a registered deed dated the 3rd. January, 1955 was null, void and inoperative. There was also a prayer for restraining the said four defendants permanently from making any construction over the suit land and for removal of a pucca construction already made on a portion of the suit land.

2. Plaintiff No. 6 is the Gaya branch of the Central Bank of India, hereinafter to be referred to as the Bank. At the time of the institution of the suit, it was located in the northern portion of holding No. 94 of ward No. 2 situated by the side of the Halliday Road since 1941 as tenant under defendants 2 to 4 who are the landlords and owners of the said holding, P