JUDGMENT :

P.C. Misra, J. - This revision has been referred to the Division Bench to decide the question as to whether a suit u/s 6 of the Specific Relief Act at the instance of a co-owner who has been evicted from possession is maintainable.

2. The opp. parties as plaintiffs filed the suit out of which this revision arises praying for recovery of 'B' Schedule properties. The plaintiffs' case is that the deceased husband of plaintiff No. 1 Agadhu and defendants 1 and 2 (the present petitioners) were three brothers being sons of late Hari Naik. Plaintiff No. 2 is the daughter of plaintiff No. 1. The 'A' Schedule house is the ancestral house inherited by the three sons of late Hari Naik. It consisted of three rooms. Due to dissensions in the family each of the aforesaid three brothers lived in one room each in the 'A' Schedule house. The room in which the husband of plaintiff No. 1 was living has been described in Schedule 'B' of the plaint. After his death, his widow (plaintiff No. 1) and daughter (plaintiff No. 2) remained in possession of the said 'B' Schedule room. About four months prior to the filing of the suit defendants physically threw the plaintiffs out of the house and in t