BRISA MUNDA Vs. CHANDO KUMARI ALIAS MOST DUMARI

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. In this appeal the appellant who is admittedly a tribal residing in Chhotanagpur Division made an application under section 46(4)(a) under Chhotanagpur Tenancy Act for getting back possession of the disputed land which according to the appellant was surrendered by the father of the appellant and on such surrender the said land was settled to the respondent Chando Kumari alias Most Dumari. Such application was made on 12th January, 1976 before the Deputy Commissioner, Land Reforms. The application was rejected by the Deputy Commissioner. The appellant thereafter preferred an appeal before the Additional Collector and the case was remanded back to the Deputy Commissioner, Land Reforms but the matter was again dismissed by the said Deputy Commissioner by order dated 29th January, 1994. The appellant again preferred an appeal before the additional Collector Land Reforms. But Additional Collector again passed and order of remand before the deputy Commissioner, such order of remand was challenged by the appellant in revision. By an order dated 8th October 1986, the Commissioner allowed the revision application. The Commissioner inter alia came to the finding that the appellant was in possession within a period of 12 years from the date of making the said application under Section 46 (4)(a) and as such there was no occasion to remand the matter for decision by the Deputy Collector.

(3.) It appears that in coming to said finding about the possession of the appellant within 12 years from the date of making the application under Section 46 reliance was made to the entry in the Bhujarat Record of Rights of 1960 where the possession of the appellant was noted. The Commissioner also took into consideration the fact that the opposite parties had produced rent receipts only from 1961 onwards.