BALRAM Vs. SUNDARMATI

JUDGEMENT

(1.) This is a case in which several parties are interested in the settlement of certain land alleged to be village service land of village Teka, tahsil and district Raigarh. The facts of the case are rather complicated and may be stated before dealing with the issues involved.

(2.) The admitted facts are that Sardharam son of Sanyasi was the recorded Nariha (Grazier) of village Teka who died in 1944 and was succeeded by his son Banshi who also died on 26 -8 -54. As the office was vacant, two candidates, namely, Raghunandan and Sadhram son of Birsingh applied for appointment as Nariha. The Naib -Tahsildar by his order dated 18 -11 -54 in Rev. Case No. 9/VIII -3/54 -55 selected Raghunandan. The order of the Naib -Tahsildar led to a series of litigation in which various orders were passed on different dates as follows:

(3.) 23 -2 -55. On an appeal by Sadhram the order of the Naib -Tahsildar dated 18 -11 -54 was set aside by the Sub -Divisional Officer on the ground that the Naib -Tahsildar did not make proper inquiry and amended the ease for further inquiry on the spot in consultation with the village patel.