SUDHIR MANDAL Vs. SUBDIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioners have filed this application under Articles 226 and 227 of the Constitution of India, praying that an order passed by the Subdivisional Officer, Jamtara, dated the 17th May, 1971, incorporated in Annexure 1, may be quashed. By this order the petitioners have been evicted from a large number of plots appertaining to A. K. J. No. 70 of Mouza Tarni, Police Station Narainpur.

(2.) It appears that opposite party No. 2 of this writ case had applied for eviction of the writ petitioners on the ground that they had illegally occupied the disputed lands belonging to this opposite party. It appears that the case of the writ petitioners was that their family had obtained the disputed lands by Korfa settlement in 1355 B. S. and they were in possession since then. According to them, further, a title suit had been instituted in the Court of the Subordinate Judge, Jamtara by opposite party No. 2 against petitioner No. 1 and the suit had been compromised by which this opposite party had given up his right, title and interest over the disputed lands and a compromise decree had followed.

(3.) On a consideration of the materials on record, the Subdivisional Officer of Jamtara has come to the conclusion that the writ petitioners failed to establish their claim of adverse possession and that they were in possession of the disputed lands is contravention of Section 20 (1) of the Santal Parganas Tenancy (Supplementary Provisions) Act, 1949. Hence an order of eviction followed.