BIBI KHURSHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 4-11-1991 passed by the Sub-Divisional Magistrate, Bikramganj (Respondent No. 3), whereby he refused to take action on their application purported to be under S.69 of the Bihar Tenancy Act.

(2.) The fact of the matter is not much in dispute. The petitioners are said to be the recorded tenants of plot Nos. 4034 and 4198 appertainng to khata No. 979 measuring an area of 4 acres 3 decimals. Respondents 4 and 5 have been recorded as Sikmidars in the remarks column of the said khatian. Petitioner No. 2 filed a suit for ejectment against the said defendants, as also for a decree for a sum of Rs. 18,972.80 being the price of the produce rent for two years and also claimed the produce rents for subsequent years. The said suit was registered as title suit No. 344 of 1974. A preliminary decree was passed in the said suit.

(3.) According to the petitioners in that suit, inter alia, the following issues were framed : "(5) Is the plaintiff an occupancy raiyat of the Schedule A land or was as tenure holder and her rights extinguished after the vesting of the tenure under the Bihar Land Reforms Act? (6) Are the defendants occupancy raiyats or under raiyat of the Schedule A land whether the defendants have acquired occupancy right in case they are held to be under raiyat?"