The petitioners, who are defendant nos. 1 and 2 in Title (Eviction) Suit No.47 of 2010, are aggrieved of order dated 28.11.2016 passed in Title (Eviction) Suit No.47 of 2010 by which application dated 29.09.2014 filed by the plaintiffs under section 15 of Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2000 and application dated 29.09.2014 filed under Order VI Rule 16 read with Order-I Rule 10(2) CPC to struck-out the name of defendant no.3 have been allowed.

2. Briefly stated, Title (Eviction) Suit No.47 of 2010 has been instituted for a decree for eviction against the defendants in respect of schedule 'B' property and for a decree for khas possession to the plaintiffs of the said property. The plaintiffs have claimed themselves absolute owners in possession of the property comprised under Holding No.129 (New) and 155 (Old) of Ward No.6. They have pleaded that this property was acquired by the father of the plaintiff nos.1 to 6 by virtue of registered sale-deed dated 02.06.1966 and he came in possession over schedule 'A' property during his life time and after death of their father, the plaintiff nos.1 to 6 became owner of the schedule 'A' property. During the