Point of Law: A proceeding under Article 226 of the Constitution would not be appropriate for a decision of the question. In our view, this question is best decided by a suit and to this course neither party seems to have any serious objection. As we propose to leave the respondent free to file such a suit if he is so advised, we have not dealt with the evidence on the record on the question of the respondent's nationality so as not to prejudice any proceeding that may be brought in the future.

JUDGMENT :

1. The petitioners are seeking a direction to the State respondents to restore their possession over a two-storey building standing over plot no. 474, 472, 475, 447, 458, 459, 466, 470, 461, 462 and 471 which according to them, is their personal property over which they have right, title and interest. Further, they are seeking an order from this Court restraining the District Magistrate, East Champaran at Motihari from interfering with the said property except in accordance with law.

2. It is their case that the aforesaid plots appertaining to Khata No. 122 was transferred in the name of one Manbhari Kuar, the grandmother of petitioner no. 1, by one Maulvi Mahmood Alam and Md. Safiruddin through registered sale deeds no. 1700 and 1701 dated 12.02.2014. The land was mutated in her name and she started paying rent, which was paid up to the year 2020-21. A land possession certificate was also issued in her name by the Circle Officer, Sadar, Motihari, East Champaran. After the death of Manbhari Kuar in 1948, father of petitioner no. 1 came into possession over the plots and in 1965, he constructed a two-storey building over the plots, which he would rent for seminars and marriages etc. The father of petitioner no. 1 (Murlidhar Sureka) died in 1978 whereafter petitioner no. 1 took over the said property.

3. It is the petitioners’ specific case that no Dharamshala ever existed over the said plots and the building is still known as Marwari Vivah Bhawan.

4. To strengthen their case, the petitioners have asserted that the writ application was filed before this Court giving rise to C.W.J.C. No. 8048 of 2015 for closure of all the marriage halls, as they were causing pollution in the locality. Petitioner no. 1 was impleaded as respondent no. 24 in the said writ application. Subsequently by an order dated 06.04.2016, the Bihar State Pollution Control Board had asked the petitioner to close the marriage halls with immediate effect and the writ petition was disposed of by an order dated 11.04.2016 recording therein that no marriage halls should be operated within the municipal limits of Motihari, Nagar Parishad except in accordance with law. The marriage hall is closed since 2016.

5. Further, according to the petitioners, a registered rent agreement was entered into between petitioner no. 1 and some tenants including petitioners no. 2 and 3 on 28.12.2016 at monthly rental of Rs. 10,000/- for a period of 11 months. After expiry of the said agreement, the petitioner no. 1 executed another rent agreement on 20.11.2019 in favour of petitioners no. 2 and 3 for a period up to 27.10.2020 at the rate of Rs. 11,000/- per month and thus petitioners no. 2 and 3 remained in possession till 30.07.2020. Besides, it is further their case, that petitioner no. 2 was running a Jewellery shop, for which he was using the premises in question for manufacturing ornaments whereas petitioner no. 3 was residing in the house with his family and children.

6. Later one Deepak Agarwal and Anil Agarwal filed a petition claiming the premises to be a Dharamshala and a public trust on the basis of unregistered Samarpannama dated 08.04.1952 allegedly executed by said Manbhari Kuar whereby the premises was donated to the Marwari Samaj. They questioned the authority of petitioner no. 1 to let out the said property. It is the petitioners’ case that the police upon enquiry had concluded that the property belonged to the petitioner and by an order dated 11.04.2019, a proceeding initiated under Section 144 of the Criminal Procedure Code was dropped by Sub-Divisional Officer, Sadar, Motihari. It has further been asserted that a title suit has been filed by the said Deepak Kumar registered as Title Suit No. 176 of 2020 on 03.07.2020, in which, all the three persons are defendants, seeking a declaration that the said premises is a public trust. The petitioners have alleged that under the influence of the said plaintiff Deepak Kumar, a local MLA, who is a Minister in the State G