T.S. Misra, J.

This appeal by the Plaintiffs arises out of their suit against the State of U.P. and Gram Sabha for a declaration that the land in dispute is not the land of public utility or a graveyard or grazing land and that the plaintiff's are the Sirdars of the said land on the basis of a Patta. The Plaintiffs also claimed possession of the land. They further prayed that the proceedings taken u/s 212-A of the UP ZA & LR Act, hereinafter called the Act, were illegal and inoperative.

2. The Plaintiffs alleged that they had acquired the said land on the basis of a Patta dated 30-6-1951 executed by Badri Prasad Singh. The Gram Sabha, however, initiated proceedings u/s 212-A of the Act against the Plaintiffs for their eviction asserting that the said land was a graveyard, grazing land and land of public utility. The Gram Sabha succeeded in those proceedings and the Plaintiffs were ejected from the land in dispute on 14-12-1962. The Plaintiffs had firstly filed a suit for possession in the Court of Judicial Officer Sadar, Sultanpur on 16-4-1963. The plaint was, however, returned to them on 30-4-1964 for prosecution before the Civil Court. The Plaintiffs, therefore, claimed t