1. The second appeal which is filed by the defendant has been referred to the Division Bench by Madhavan Nair J. in view of the conflict of decisions on the question of law to be decided.

2. The suit is filed by the respondent for declaration of title and recovery of possession of the plaint items on the ground that he was dispossessed by the appellant on 26-12-1955. Item No.1 covers an extent of 7 cents and item No. 2 is a but standing in item No. 1. The appellant contended that item No.1 is a puramboke land belonging to the State and since the respondent has no title he is not competent to recover possession of the items from the appellant. The courts below found that item No.1 is a poramboke land, but the respondent was in. possession of the property until he was dispossessed by the appellant on 26-12-1955. The trial court dismissed the suit holding that the suit is not maintainable as the respondent has no title to the property and his only remedy was to have filed a suit under S.9 of the Specific Relief Act, 1877, hereinafter referred to as the 'Act'. The Subordinate Judge took the view that the respondent on the basis of his prior possession is entitled to recover