1. This judgment will dispose of Letters Patent Appeals Nos.594 to 596 of 1970, arising out of Regular Second Appeals Nos.1632, 1633 and 1238 of 1968 respectively in which a learned Single Judge of this Court affirmed the decision o the lower appellate Court which in turn set aside the decision of the trial Court decreeing the plaintiffs suit. The learned Additional District Judge merely proceeded to dismiss the suit on the ground that there was no notice under Sec.80 of the Code of Civil Procedure served on the State.

2. The facts material to determine the controversy in this case may now be stated : The appellants were the plaintiffs in the suit which has given rise to these appeals. Their claim in the suit was that Khasra No.1591 forms part of the area of Mandi Dadri. It is owned and possessed by the owners of the Mandi. It has been in their possession ever since the Mandi came into existence. The owners of the Mandi opened a school for the education of the children and provided a playground as also some buildings which are all located in this Khasra number for the common purposes of the population of the town. The suit was necessitated because the defendants had started