K. P. MOHAPATRA, J.

( 1 ) THIS revision is directed against the order passed by the learned Subordinate Judge, Rourkela permitting the plaintiffs to withdraw Title Suit No. 12 of 1979 with liberty to institute a fresh suit on the same cause of action.

( 2 ) IT is necessary to narrate the essential facts in order to appreciate the contentions aised by the rival parties. The dispute between them centered around valuable land measuring Ac. O. 18 in Rourkela town which admittedly belonged to the petitioners (Defendants ). The opposite parties (plaintiffs) instituted the suit and averred in the plaint that in or about the year 1955, the petitioners leased out the suit land in their favour on annual rent of Rs. 1800/- which they required for the purpose of installation of a petrol delivery station, depot, office and godown. After obtaining the lease and on receiving assurance from the petitioners that the lease was on permanent basis and they shall not be evicted in future, the opposite parties spent a huge amount by constructing buildings for installing the petrol delivery station. They commenced their business in right earnest and continued the same till the year 1979 when petitioner