PARWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal under Clause (10) of the Letters Patent Act has been preferred against the judgment of a learned single Judge of this Court dated 12th October, 1999 whereby writ petition preferred by the appellants bearing C.W.J.C. No. 5267 of 1990 has been dismissed on the ground that the writ court cannot enter into disputed points of facts and no interference could be made with the impugned order dated 1.5.1989 passed by the Commissioner Santhal Parganas, Dumka passed in Revenue Misc. Appeal No. 51 of 1983-84 as contained in annexure-1 in absence of any illegality, impropriety on the face of the said order.

(3.) The essential facts which are necessary for decision in this appeal relate to an interesting scenario beginning from an event of 1933 when two co- villagers Triveni Sah and Bhoot Nath Mukherjee decided to exchange some of their lands. From the records it appears that Bhootnath Mukherjee, father- in-law of respondent No. 6 and grand-father of respondent No. 8, Ashutosh Mukherjee( who is also now dead and his heirs are on record) filed an application for exchange of his 6 Bighas, 10 Kathas and 13 Dhurs of lands of Jamabandi No. 45 and Plot Nos. 236,237,238 and 192 with 7 Bighas,7 Kathas and 13 Dhurs of lands of Ganpat Sah father of Triveni Sah and grand-father of Chakradhar Sah whose widow Parwati Devi is appellant No. 1, her son Manoj Kumar Sah is appellant No. 3 and another son of Triveni Prasad Sah, namely, Surendra Prasad Sah is appellant No. 2 in this appeal.