PACHIA PANDITAIN Vs. COMMR OF BHAGALPUR DIVISION

JUDGEMENT

(1.) This application arises out of a suit that was instituted by respondent 4 in the year 1969 before the Sub-divisional Officer, Dumka, under S.14 of the Santhal Parganas Justice Regulation 1893, for declaration of her title and recovery of possession over an area of 6.32 acres of land pertaining to Jamabandi No. 49, mouza Khirodhana in Dumka Sub-division. Respondent 4 claimed title and possession over the plot on the ground that it was recorded in favour of her mother Biro Panditain. The defendant in the said suit was no other person than the father of respondent 4 but had taken another wife. It may be stated that respondent 4 died during the pendency of this application and her heirs have been substituted by order dt. 28th February, 1984, passed by this Court. The petitioners of this application are the heirs of the original defendant who had died during the pendency of the appeal preferred by respondent 4 against the decision of the trial court dismissing the suit and were substituted at that stage.

(2.) The suit instituted by respondent 4 before the Sub-divisional Officer, Dumka was transferred for disposal to the Deputy Collector in charge of Court No. 1 (respondent 3). The trial Court, on a consideration of the materials on record and the facts and circumstances of the case, dismissed the suit. Respondent 4, being aggrieved by the dismissal of her suit, preferred an appeal before the Sub-divisional Officer, Dumka, but she lost her claim there also. Thereafter she filed a revision before the Commissioner of Bhagalpur Division (respondent 1) who, by his order dt. 21st June, 1978, as contained in annexure '3' allowed the application in revision and set aside the orders of the courts below vide annexures '1' and '2', hereof, thereby decreeing the claim of respondent 4.

(3.) Mr. S. R. Ghosal, appearing in support of this application, submits that no revision was maintainable under the provisions of S.19 of the Regulation. In order to appreciate the submission it would be better, to quote sub-sec.(1) of S.19 which reads as follows :-