DEONARAYAN SINGH Vs. COMMISSIONER OF BHAGALPUR

JUDGEMENT

(1.) This appeal on special leave is directed against the decision rendered by a Full Bench of the Patna High Court dismissing the Writ Petition filed by the appellants.

(2.) In order to appreciate the grievance of the appellants it will be necessary to note a few relevant facts leading to these proceedings. A Jamabandi No. 65 of mauza Billi within Police Station Madhupur, in the district of Santhal Parganas in the State of Bihar was recorded in the names of Sitaram Singh, Jaleshwar Singh, Yudhisthir Singh and Kastura Kumari Devi as Mool Raiyat Ka Jote. They amongst themselves had 8 annas interest in the said jote. As occupants of lands, they were called Raiyats with their headman as Mool Raiyat. Mool Raiyat Ka Jote was a land tenure in Santhal Parganas. It was attached to a Mool Raiyat who as a village headman was responsible for the collection of land revenue in times of British rule. The proprietor landlord was called Ghatwal. Requisite rent of the land was to be handed over by the Mool Raiyat to the Ghatwal. Mool Raiyat had two types of land tenures. Mool Raiyat Ka Jote was alienable and personal. Mool Raiyat Jote was inalienable and was attached to his office. It was called official jote. It is not in dispute between the parties that official jote admeasured 1 acre 81 decimals while Mool Raiyat Ka Jote which was Nij Jote admeasured 71 acres 71 decimals. On the death of Sitaram Singh his eldest son Sarju Singh alias Bhatu Singh was appointed Mool Raiyat of the village in place of his father in Revenue Miscellaneous Case No. 99 of 1938-39 of the Court of Sub-Divisional Officer, Deoghar. The said appointment was duly approved by the Deputy Commissioner of Santhal Parganas. It is the case of the appellants that as the entire family of Sarju Singh alias Bhatu Singh was heavily indebted and was in need of money, the said 8 annas interest in Mool Raiyat comprising 38 acres 9 decimals representing his share in Nij Jote came to be sold by said Bhatu Singh and his brothers to one Bimal Kanti Roy Choudhury on 22nd March 1939. The further case of the appellants is that the said vendors had been in possession of 38.09 acres of land in lieu of their 8 annas interest in Mool Raiyat by family arrangement with their co-sharers. The said sale was effected for a consideration of Rs. 10,000/-. That after the said purchase Shri Bimal Kanit Roy Choudhury got his name mutated in respect of 8 annas interest in Mool Raiyat Ka Jote of the said mauza Billi in Revenue Miscellaneous Case No. 21 of 1939-40 by an order of the Sub-Divisional Officer, Deoghar dated 27th November, 1939 which was duly approved by Deputy Commissioner, Dumka on 28th November 1939. Shri Bimal Kanti Roy Choudhury was subsequently appointed as 16 annas sarbarakar of the said mauza. The said order was passed after service of notice on all the co-owners of Jamabandi No. 65.

(3.) That by Sale Deed dated 26th June 1950 said Bimal Kanti Roy Choudhury sold his entire right, title and interest in the Mool Raiyat Ka Jote to Shri Radha Prasad Singh, father of the appellants for a consideration of Rs. 17,000/-. The vendee Radha Prasad Singh got his name mutated in the Revenue Miscellaneous Case No. 40 of 1950-51 of the Court of Sub-Divisional Officer, Deoghar. The said order of mutation was passed after service of notice on all the opposite parties, respondent Nos. 4 to 15. The vendee Radha Prasad Singh during his lifetime remained in possession of the aforesaid 38.09 acres of land of Jamabandi No. 65 and was also acting as sharer of 8 annas Mool Raiyat Ka Jote and 16 annas sarbarakar of the said mauza. As the contesting respondents sought to disturb the possession of Radha Prasad Singh proceedings under Section 145 Code of Criminal Procedure were initiated. They were registered as Criminal Case No. 567 of 1950. But the learned Sub-Divisional Officer, Deoghar by his order dated 31st August 1951 declared the possession of the appellants father. Revision against the said order was rejected by Sessions Judge, Dumka. After the death of Radha Prasad Singh, appellant No. 4 Mathura Prasad Singh, was appointed as Mool Raiyat to the extent of his interest in the said Jote amounting to 8 annas and as 16 annas sarbarkar of the said mauza. It was only thereafter that in the year 1970-71 respondent Nos. 4 to 15 claiming to be the original co-sharers of the mauza filed an application before Sub-Divisional Officer, Deoghar against the appellants for their eviction from 38.09 acres of land of Jamabandi No. 65 alleging that the same had been illegally alienated. It was registered as Revenue Eviction Case No. 67 of 1970-71. They sought the aforesaid relief under the provisions of Section 20 sub-section (5) read with Section 42 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (hereinafter referred to as the Act).