NAGYA Vs. BHUJYA

JUDGEMENT

(1.) -The petitioner was declared Owner under Section 38-E to the extent of 8 acres 8 gunthas from Survey No. 7 (Gat No. 13). The total, acerage of Survey No. 7 is 12 acres 15 gunthas. The remaining land after declaration of 4 acres 4 ganthas was purchased by a sale-deed by the petitioner and his father jointly. There is no dispute that their father died after the declaration under Section 38-E in the name of the petitioner.

(2.) The present proceeding arise out of an application made by the petitioner for summary eviction of respondent No. 1 his real brother on the ground that the declaration under Section 38-E is made in favour of the petitioner in his individual capacity. The petitioner contended that after the death of the father, the respondent No. 1 his brother is occuping land to the extent of 5 acres 13 gunthas from Survey No. 7 unauthorisedly.

(3.) The claim for 5 acres 13 gunthas is based on the fact that the petitioner claims to be dispossessed from half the portion of the declared area and half the share of land to which he succeeded after the death of the father.