( 1 ) THIS Rule was issued at the instance of the plaintiff in Title Suit No. 357 of 1967 in the Court of 1st Mun-sif, Tamluk against the order No. 47 dated Sep. 21, 1973, whereby the suit was dismissed after contest in terms of Sole-nama which was made a part of the decree. The relevant facts are as follows : The plaintiff filed the above Title Suit for declaration of title and recovery of possession of the suit property on eviction therefrom of the defendant the opposite party No. 1 and the State of West Bengal. It was stated that the opposite party No. 1 was allowed to live in the suit property as the licensee and as he failed to vacate on demand the suit was instituted for recovery of possession on declaration of title. The opposite party No. 1 filed a written statement stating that he was a tenant under the plaintiff's father since 1347 B. S. and his right was also perfected by adverse possession and his name was duly entered in the record of rights as a raiyat under the State. A written statement was also filed on behalf of the State of West Bengal stating that the opposite party No. 1 was a tenant under the State. The suit became ready for hearing on A