RAM CHANDRA SAHU Vs. COMMISSIONER SOUTH CHOTANAGPUR

JUDGEMENT

(1.) Respondent No. 5 claiming himself to be an agnate of Bechan Oraon, recorded raiyat of khata No. 58 of village Banari Gunga Toli, P. S. Bishunpur, District Ranchi, now in the District of Gumla tiled an application under Section 71-A of the Chotanagpur Tenancy Act, 1908 (the 'Act') for restoration of land of that khata.

(2.) According to the appellate order, as contained in Annexure-2, Bachan Oraon went to tea garden in the year 1939 and the land came in possession of Lundri Grain, wife of the brother of Bachna Uraon. Bechan Uroan was not heard of and Lundri Urain continued in possession of the land. She died without any issue and the appellant being the nearest agnate of Bechan Uraon came in possession of the property in question. The petitioner illegally dispossessed him in 1965.

(3.) The petitioner in his show cause, inter alia, stated that he took settlement of the lands in question from ex-landlord in 1952 and came in possession of the same. He was holding the land adversely to the interest of the recorded raiyat. It was also pleaded by him that Bechan Uraon had abandoned the holding because he had no heir. The landlord resumed it and came in possession of the same.