BUDA TOPPO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition involves interpretation of Rule 20 of the Wilkinsons Rules (the Rules for short).

(2.) BEFORE proceeding to decide the said question the fact of the matter may be noticed : Respondent No. 5 filed a suit before the Kolhan Superintendent, Singhbhum at Chaibassa, being K. T. S. No. 50 of 1990 for declaration of right, title and interest in respect of the suit property being Plot No. 776, appertaining to Khata No. 74 of Mouza Ichapur, According to plaintiff-respondent No. 5, he purchased the aforesaid suit land in the year 1976 by a registered deed of sale executed by the record tenants.

(3.) THE Kolhan Superintendent in purported exercise of the power conferred on him under Rule 20 of the Rules referred the matter for arbitration of three patches. One panch was nominated by the plaintiff-respondent No. 5 another panch was nominated by the defendant-petitioner and the third panch was nominated by the court.