JUDGMENT

P. K. BALASUBRAMANYAN, J. — Leave granted.

2. Respondent No.6 herein as the Plaintiff filed a suit T.S. No.9 of 1996 for a declaration of his title to the suit property, for confirmation of his possession over it and if it were to be found that the plaintiff had been disposed from the plaint schedule property during the pendency of the suit, for the grant of a decree for recovery of possession through the process of Court, for a perpetual injunction restraining the defendants from interfering with his peaceful possession of the plaint schedule property and for other incidental reliefs. The suit was filed against two defendants; the Divisional Forest Officer and the State of Bihar, who are respondents 1 and 2 herein. Defen¬dants 1 and 2 filed a written statement denying the claim of title and possession by the plaintiff. They pleaded that the property was vested forest having been notified as such under Section 29 of the Forest Act, 1927, which remained vested in the State; that the plaintiff had no cause of action and that the suit was not maintainable for want of notice under Section 80 of the Code of Civil Procedure. The suit went to trial. Evidence was closed. Arguments