Thus, it is amply clear that the question of title is not only to be raised but also to be proved for the purposes of claiming declaration under Section 11 of the Act but in the present case, the petitioners have taken a selfcontradictory plea in their reply filed to the application under Section 7 of the Act because in the preliminary objections, the petitioners have averred that they have become owners of the disputed land by way of adverse possession and in the paragraph on merits, it is averred that the land in dispute has been allotted to their predecessor-in-interest by the Gram Panchayat. Moreover, the petitioners have failed to bring on record any evidence, much-less prima facie, to prove that the land in question was ever allotted to their predecessor-ininterest by the Gram Panchayat because the allotment of land by the Gram Pancyayat could only be through a resolution by the Gram Pancyhayat, therefore, in the absence of any prima facie proof of right, title or interest and the contradictory stand taken in the reply, referred to above, the agitation of the petitioners that the application filed under Section 7 by respondent no.4 should have been put on hold by respondent no.3 allowing the petitioners to file the regular suit under Section 11 of the Act is not made out.
