CHITARANJAN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) C .W.J.C. No. 1910 of 1989 and LP.A. No. 342 of 1995 have been ordered to be heard together and accordingly they have been heard together and are being disposed of by this common judgment.

(2.) THE petitioners in C.W.J.C. No. 1910 of 1989 are some of the respondents in L.P.A. No. 342 of 1995. and respondent no. 5 in the writ application is the appellant in the aforesaid Letters Patent Appeal. The writ petitioners are hereinafter referred to as the 'landlords ' and the respondent in the writ petition and appellant in the Letters Patent Appeal are hereby referred to as the 'tenants '.

(3.) THE case of the landlord is that one Bans Kishore Singh son of Natho Singh and Shyama Kuer, widow of Natho Singh by registered sale deeds dated 8.4.1919 and 27.4.1924 transferred the land to the ancestor of the landlords and since then they are coming in possession of the land as raiyats. Later on, the ancestor of the tenant executed deed of Bajdawa disclaiming the interest as under -raiyat with regard to the land in question. During revisional survey there was fight between the landlord and the tenant with regard to recording of name of the tenant as under -raiyat and their objection was rejected and revisional survey khatian was prepared in the name of the landlords.