MD. NEHALUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned AC to SC-7.

(2.) The learned counsel for the petitioners submits that the land pertaining to Khata No. 35, Khesra No. 361, Area 0.29 decimal, Khesra No. 362, Area 2.39 acres, Khesra No. 352, Area .36 decimal and land pertaining to Khata No. 192, Khesra No. 348 Area 14.5 decimal at Mauja-Mainpura, Thana No. 24, District-Patna was originally and possessed by Bibi Raufan wife of Late Moulvi Abdul Rahim since before cadastral survey with all right, title, interest and possession over the entire 34 acres, 18.5 decimal of land pertaining to Khata No. 35 and 192.

(3.) It is next submitted that Bibi Raufan died leaving behind four sons namely 1. Md. Abdul Karim, 2. Md. Jamil, 3. Md. Azim and 4. Md. Nayeem and all the sons came in joint possession over the land in dispute. It is further submitted that the land in dispute was looked after and managed by Md. Zafirul Zama son of Late Md. Jamil and Salima Khatoon wife of Md. Azim for themselves and on behalf of other co-sharers. It is next submitted that after vesting of Zamindari, the name of Md. Zafirul Zama and Salima Khatoon was recorded in the Sirishta of State of Bihar by the Circle Officer, Danapur and Jamabandi No. 526 was created in their names jointly. It is further submitted that thereafter joint Mutation Case No. 328/1999- 2000 was filed before the Circle Officer, Danapur by all the shareholders to mutate their name over the land in dispute as per their share in the property. It is submitted that Mutation Case No. 328 of 1999-2000 was allowed by the Circle Officer, Danapur vide his order dtd. 15/7/1999 (Annexure-1) and Jamabandi No. 2234 was created.