The respondents No. 1 to 3 filed a Civil Suit No. 15-A/84 against the appellant and the respondent No.4 for declaration that they are the owners of Plots No. 422/42 and 422/43. situate at village and Tahsil Manendragarh, District Sarguja. Further prayer made by the respondents No. 1 to 3 was that the appellant be declared as their tenant. The respondents No. 1 to 3 sought in their relief clause requiring the Court to pass a decree of permanent injunction to the effect that the respondent No.4 shall not settle the suit-land in favour of the appellant.

The respondents No. 1 to 3 claimed that they had constructed a house which was mainly on Plot No. 422/42, area 42 x 21'. This house was constructed in the year 1947 by the ancestors of the respondents No. 1 to 3 and they inherited it. It was also stated that the appellant was their tenant for last twenty years at the rate of Rs. 60/- per month as rent. A part of that house was situate on Plot No. 422/43. On that basis. Sub-Divisional Officer. Koriya has passed an order on 1.6.1979 that the suit plot was Nazul Plot and had directed the appellant to deposit the rent before Tahsildar. This fact had come to the knowledge of the respondent N

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