MOSTT IMAMANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A piece of land 2 kathas 6 dhurs in area, forming part of Plot No. 1144 under Khata No. 793, situate at Murari Krishna Prasad Sinha Versus State Of Bihar Village and P.S. Andhara Tharhi in the district of Madhubani was given in settlement to a certain lqbal Hassain under the provisions of section 14 of the Bihar Bhoodan Yagna Act, 1954 (hereinafter referred to as 'the Act '). This fact is not in issue. The settlement is expressly admitted in the counter affidavit filed on behalf of the Bihar Bhoodan Yagna Committee, respondent no. 2 and it is also not denied by the contesting private respondent no. 5 in the counter affidavit filed on his behalf.

(2.) IT is stated on behalf of the three petitioners who are the two widowed wives and a son of the settlee lqbal Hussain, now deceased that some time in the year 1999 when they started construction of a house over the settled land for their residential purpose, some resistence was put up by respondent no. 5 who also filed an objection petition before the Bhoodan Yagna Committee. It is further stated on behalf of the petitioner that on the objection filed by respondent no. 5, Bhoodan Yagna Committee took a curious step which has no sanction in the eyes of law. The Bhoodan Yagna Committee entered into an exchange agreement with respondent no. 5 and executed a deed of exchange, dated 3.7.1999 whereby and whereunder half of the settled land i.e. an area of 1 katha 3 dhur (hereinafter referred to as 'the disputed land ') was given to respondent no. 5 in exchange of 5 kaihas of his land of plot no. 7437 under Khata No. 647 situate in the same village. It is further stated by the petitioners that on the strength of this deed of exchange respondent no. 5 dispossessed them from the disputed land forming the subject matter of the deed of exchange.

(3.) LN the counter affidavit filed on behalf of the Bhoodan Yagna Committee it is admitted that an area of 2 kathas 6 dhurs from plot no 1144 under Khata No. 793 was settled in favour of lqbal Hussain and a Praman Patra dated 10.2.1982 was issued in his favour. The relevant averments in this regard are made in paragraph 4 of the counter affidavit which is reproduced below : ''