ASHWNI KUMAR SINHA, J.

1. There three second appeals involve common question of law and hence have been heard together and are being disposed of by a common judgment.

2. Whether suits challenging the donation of land (Bhoodan) and consequently asking for declaration of title and recovery of possession are governed by section 17(4) of the Bihar Bhoodan Yagna Act, 1954 (hereinafter referred to as 'the Act'), i.e., by, special law of Limitation or by general law of limitation is the solitary significant question of law that arises for our consideration.

3. A few facts with regard to each of the appeals need to be sited.

(A) S.A. No. 27 of 1974.

This appeal is by the plaintiff against the judgment of affirmance. Plaintiffs-appellant filed the suit (T.S. No. 185, of 1960) for declaration of title and confirmation of possession in respect of 67 decimals of land in plot Nos. 241 and 243 of village Marhaura P.S. Dumraon, in the district of Shahabad fully described in Schedule 'Kha' of the plaint), omitting other details. In-short the plaintiff's case was that the disputed plots fell to the shale of the plaintiff in a partition in his family between the plaintiff’s father and his sons and grand-sons on 28.4.1956 and, according to the plaintiff he came in cultivating possession of the land. The cause of action, according to the plaintiff, was a notice from the Land Revenue Deputy Collector to show cause as to why he shall not be ejected from the disputed land. The plaintiff' case was that he (the plaintiff) filed objection on having received notice (Ext. 6) to show cause but the Land Revenue Deputy Collector expressed his inability, which necessitated the tiling of the suit.

The plaintiff’s further case was that he has no knowledge about the confirmation of the gift in favour of the Bhoodan committee or any donation of the land.

The plaintiff made members of the Bhoodan Yagna Committee and members and the Chairman of the Bhoodan Committee were the principal defendants in the suit.

The suit was contested by the Bhoodan Yagna Committee the State of Bihar as well as the settles from the Bhoodsn Yagna Committee. The settlees adopted the written statement filed by He Bhoodan Yagna Committee, the main contesting defendant. The case let up by the plaintiff was denied by the Bhoodan Yagna Committee and other defendants and the main defence was that in the month of September. 1958, Acharya Vinoba Bhave came to the village Dumraon to take the gifts or land from the different persons and Smt. Vidyavati Devi donated the disputed and in favour or Acharya Binoba Bhave and, on 25.9.1952, executed a Danpatra (Ext. A) which after general promulgation, was confirmed by the D.C.L.R. in case No.111/ 57, 58, under section 11 of the Act, without any objection on 8-7-1957. The lands were settled with Raghupat Rai on 10.2.1956 who was granted Praman Patra and his name was mutated before the Anchal Adhikari after the objection stale here general notice on 13.9.1959. as no objection was raised. It is pertinent to that defendants 4 to 9 are heirs and legal representative of the aforesaid Raghupat Rai (the settlee).

Further defence was that the settlee came in possession of the disputed lands but the plaintiff dispossessed him, which necessitated the filing of a petition by the settlee to the L. R. D. C. for taking action under section 22 of the Act. The same was registered, dates were fixed but, in the meantime, the plaintiff filed the present suit. Further defence was that the plaintiff had full knowledge of the proceeding taken under the Act, and also of the donation made to Acharya Vinoba Bhave.

The State or Bihar also filed a separate written statement supporting the case of Bhoodan Yagna committee though it stated that it was not a necessary party.

The trial court framed a number of issue and held that the plaintiff had subsisting title yet non-suited the plaintiff holding that the suit was barred by limitation under the provisions of section 17(4) of the Act