S.K.Katriar, J.

1. Heard learned Counsel for the parties. The appellants are represented by Mr. S.S. Nayar Hussain, learned Sr. Advocate Respondent Nos. 1 to 3 by Mr. Ajay Tripathi, Addl. SCCG, and Respondent Nos. 4(i) to 4(iv) are represented by Mr. Suman Kumar.

2. The plaintiffs are the appellants against a judgment of affirmance. This appeal is directed against the judgment dated 2-2-1999, passed by the learned Additional District Judge, Hilsa, Nalanda, in Title Appeal No. 32 of 1991 Md. Shariff and Ors. V/s. Union of India and Ors. whereby he has upheld the order dated 3-4-1991, passed by the learned Munisff, Hilsa, in Title Suit No. 19 of 1978, Md. Shariff Mian and Ors. V/s. Union of India and Ors. The trial Court held that the suit is not maintainable in terms of Secs. 42 and 28 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act).

3. The suit properties were declared to be evacuee property after following the procedure prescribed by the Act. The plaintiffs herein had moved the Assistant Custodian, thereafter, the Deputy Custodian, and finally the Custodian-General. Their case before the authorities under the Act was that the proper