1. This second appeal has been filed by the defendants 1 and 2 against the decision of the lower appellate court in a suit for declaration that certain orders passed in a proceeding under S. 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) are without jurisdiction and for a decree for recovery of possession of the land in dispute with mesne profits. The State of Bihar and the Sub-divisional Officer, Aurangabad, who had passed the orders in the impugned proceedings were added as defendants 3 and 4 after filing of the suit, but were later expugned. Two questions have been raised in this appeal, namely, (1) whether the suit is at all maintainable; and (2) whether the State of Bihar and the Sub-divisional Officer, Aurangabad are necessary parties to the suit, in whose absence the suit cannot be decreed. A learned single Judge, who heard the second appeal earlier has referred it to a Division Bench.

2. In the month of Sept., 1964 a sale deed was executed in regard to the suit land, fully detailed in the plaint, by Juga Singh, the defendant No. 5, in favour of the plaintiff. On the 30th of S