JUDGMENT

1. This is a plaintiffs' appeal arising out of a suit for declaration of title, and in the alternative for possession. The plaintiffs first filed an application in the Revenue Court in 1929 for a perfect partition of the mahal in which the property in dispute was situated. Some objection was raised on behalf of the defendants as to the plaintiffs' title. On 30th March 1931, the plaintiffs applied to the Revenue Court for permission presumably u/s 111, Land Revenue Act to institute a suit in the Civil Court for the adjudication of their title and prayed that the proceedings in the Revenue Court be stayed until the matter was determined by the Civil Court. On 1st April 1931, the present suit was instituted. The application of the plaintiffs remained pending in the Revenue Court for a long time and ultimately on 2nd March 1932, the Court ordered that the plaintiffs should be allowed to file a suit in the Civil Court within three months of the order. Obviously, the order purported to be u/s 111(b) of the Land Revenue Act particularly as the application was headed as one under that section. The defendants raised an objection in the trial Court that the claim was barred u/s 233(k