SAHIDULLAH MUNSHI, J.

1. This second appeal is at the instance of the plaintiffs/appellants against a judgment and decree dated 10th April, 1987, passed by the subordinate Judge, Katwa, in Title Appeal No.208 of 1985, reversing those dated May 23, 1985, passed by the learned Munsiff, 1st Court, Katwa, in Title Suit No.537 of 1983, directing return of the plaint to the filing Advocate.

2. The plaintiffs filed a suit for declaration and permanent injunction against the defendant/State of West Bengal, praying, inter alia, that the plaintiff No.1 was the owner and possessor of the properties mentioned in the schedule of the plaint at Mouza Gobardhanpur, P.S. Mongolkote. It was also a case made out by the plaintiff no.1 that he had no land above the ceiling prescribed under the West Bengal Land Reforms Act and that ‘kha’ scheduled property given by the plaintiff no.1 to the plaintiff nos.2 to 4 by a registered deed of family settlement dated 22nd March, 1975 and they have become the owner and possessor of those properties. According to the plaint case, plaintiff nos. 2 to 4 were the owner and possessor of ‘ka’ scheduled property and plaintiff nos. 2 to 4 were the owner and poss