JUDGMENT

Shree Chandrashekhar, J. – Aggrieved of order dated 22.01.2016 passed in Title Suit No. 101 of 2013 by which the application under Order 23, Rule 1 C.P.C has been declined, the plaintiffs-petitioners have approached this Court.

2. Title Suit No. 101 of 2013 was instituted by Krishna Prasad Jaiswal and others for a declaration of their right, title and interest on the schedule "A" properties and for confirmation of their possession. Another prayer was for a declaration that the plaintiffs are entitled for payment of compensation for the suit schedule properties which were acquired by the defendants. The plaintiffs have asserted that the lands comprised under Plot No. 271 and various other plots ad-measuring about 41 decimal out of 35 decimals land appertaining to Khata No. 3 within Mouza-Poddardih (Mouza No. 105), PS-Nirsa, belonged to Indra Mohan Bhakat who was in peaceful possession of the said land during the cadestral survey settlement operations. He died leaving behind three sons, one son namely, Subha Karan Bhakat had died during his lifetime. His legal heirs thereafter came in peaceful possession of the said land. Meghnath Bhagat the great grandson of Indra Mohan Bhak