MAHESHWAR MAHTO Vs. BATI MAHATAIN

JUDGEMENT

(1.) THIS appeal is by the defendants against the Judgment and decree dated 26-4-1986 of the 1st Additional Subordinate Judge. Chaibasa which affirmed the judgment and decree dated 26-5-1982 of the Munsif, Saraikela, in T.S. No. 8 of 1979 by which plaintiffs suit was decreed in terms of the relief claimed in the plaint.

(2.) THE plaintiff brought the suit out of which this appeal arises for declaration of their right, title and possession over the land described in Schedule of the plaint. The suit land appertains to several plots of Khata No. 75. In Mauja, Chunidih, in the district of Singhbhum, the total area being 5.67 acres. The plaintiff has further sought declaration that the order passed by the Sub-Divisional Officer, Saraikela in Ceiling Case No. 5 of 1970 and the order passed in Misc. Appeal No. 77 of 1971 by the Deputy Commissioner, Singhbhum were illegal, void and without jurisdiction.

(3.) THE original defendants filed a pre-emption application purporting to be under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act.The application was rejected by the Sub-Divisional Officer, Saraikela vide L.C. Case No. 5/70-71 by order dated 22-12-1970. The learned Sub-Divisional Officer held that the application was not maintainable as Sulochana Mahatain has transferred the land to her own daughters.