HARI KRISHANA PRASAD KESHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri S.N. Lal, learned Counsel for the petitioner and Mr. Triveni Mishra, learned Counsel for the respondent Nos. 5 and 6.

(2.) In this application the impugned orders are (1) order dated 28.12.1987 passed by the Deputy Commissioner, Gumla in S.A.R. Appeal No. 33/86 (Annexure-6) and (2) order dated 29.3.1988 passed by the Commissioner, South Chotanagpur Div. Ranchi in Gumla Revenue Revision No. 53/88 (Annexure-7) confirming the order of the Deputy Commissioner, Gumla dated 28.12.1987.

(3.) It is admitted fact that the lands of Khata No. 407 within the Plot No. 1000 measuring an area 0.77 acres in village Basoowa, P.S. Gumla was recorded in the name of Fekua Mahali and Bandhua Mahali, father of respondent Nos. 5 and 6 respectively in the revisional survey record of rights. The recorded tenant by virtue of registered deed of surrender dated 9.11.1936 surrendered the said land to the Manager, Bhargaon Encumbered v. Estate (Annexure-1). By virtue of registered Hukumnama dated 21.7.1938, the Manager aforesaid settled the land with one Seikh Mohiuddin and put him in possession of land and also granted rent receipts. The aforesaid Seikh Mohiuddin by virtue of a registered sale deed dated 16.1.1963 sold the said land to these petitioners and put them in possession of the same. Thereafter the name of the petitioners were mutated in the Government record and the petitioners are paying rent to the State (rent receipt is Annexure-2 (series).