S. B. Sinha, Radha Mohan Prasad, JJ.

1. This application raises a question with regard to the effect of a consent decree in a suit where the petitioners were not the parties.

2. The fact of the matter lies within a very narrow compass. Lakshmi Prasad Sah was the original owner of the property. He died on 29-3-1964 leaving behined three sons and four daughters. The petitioners no.1. and 3 to 8 are heirs and legal representatives of the three deceased daughters of Lakhmi Prasad Sah and the petitioner No.2 is one of his daughters. A land ceiling proceeding was initiated as against Jagdish prasad Sah, who is the son of Late Lakshmi Prasad Sah, and his two brothers. A draft statement under Sec.10 (2) of the Bihar Land reforms (Fixation of Ceiling Area Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) was published. After the draft publication was made, the petitioners filed objection claiming exclusion of lands to the extent of their shares which, according to them, devolved upon them in terms of the provisions of the Hindu Succession Act, 1956.

3. The respondent No.4, by an order dated 4-5-1984, rejected the claim of the petitioners, inter alia, on the ground that they had not claimed exclusion of specific plots. The respondent No.4 further held that as their ancestor died 20 years back, they ought to have got their shares demarcated. It was further held that as the sons of the aforementioned Lakshmi Prasad Sah got the lands partitioned in the year 1969 in title Partition Suit No.116/69 wherein the petitioners had not been given any share, their claim cannot be entertained.

4. An appeal was preferred by the petitioners as against the said order which was also dismissed by the Collector, by an order dated 10-7-1990. The petitioners then filed a revision application before the member, Board of Revenue which has also been dismissed by an order dated 12-2-1992. The said orders are contained in Annexures-1, 2 and 3 to the writ application. During the pendency of the revision application, notifications under Sec.15 (1) of the Act had been published which are contained in Annexure-4 series.

5. Mr. Arun Prasad Ambastha, the learned Counsel appearing on behalf of the petitioners has raised a short question in support of this application. The learned Counsel submitted that in view of the fact that the owner of the land died in the year 1964, the petitioners became his successor-in-interest along with their three brothers and their mother. it has further been submitted that the purported decree passed in the aforementioned Title Partition Suit No.116/69 was merely a consent decree which was also not given effect to.

6. Mr. Raghit Ahsan, the learned Standing Counsel appearing on behalf of the State, on the other hand, submitted that in view of a decree passed by a competent Civil Court, the remedy of the petitioners was to get the aforementioned decree set aside and/or raise their grievances in a duly constituted civil suit. According to the learned Counsel, so long as the decree passed in the aforementioned Title Partition Suit No.116/69 is not set aside, the petitioners claim any right, title and interest in relation to the properties of Late Lakshmi Prasad Sah.

7. By reason of the provisions of the Hindu Succession Act, 1956, the daughters of a person dying intestate also inherit alongwith their brothers and mother in equal shares. Such inheritance of the property is by reason of operation of statute in terms whereof a valid right, title and interest is created in the properties of the land-holder. Admittedly, in the aforementioned Title Partition Suit No.116/69, the petitioners were not parties. In that case, a consent decree was passed on ths basis of a compromise petition filed by the sons of the aforementioned Lakshmi Prasad Sah.

8. It is well known that a consent decree is merely an agreement between the parties to the suit with the seal of the court superadded to it. Reference in this connection may