LAWS(SC)-2008-1-49

DOLHIN PADHARO DEVI Vs. INDRAJEET TIWARY

Decided On January 31, 2008
DOLHIN PADHARO DEVI Appellant
V/S
INDRAJEET TIWARY Respondents

JUDGEMENT

(1.) Challenge in these appeals is to the judgment rendered by a learned Single Judge of the Patna High Court dismissing the Civil Revision filed and the order in the Review Petition. Before the High Court challenge was to the order passed by learned Munsif, Bikramganj in T.S. No. 162 of 1992 by which the Objection Petition, filed by the defendant-Petitioner before the High Court viz. respondent No.1 in the present appeal, was rejected. His stand was that in view of Section 43 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short the 'Act') the suit was incompetent.

(2.) Factual position in a nutshell is as follows:

(3.) In support of the appeals, learned counsel for the appellant submitted that the view of the High Court is clearly wrong and the reasoning of the High Court cannot be maintained.