DANIEL ORAON Vs. SHAMIM AHMAD

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17th March, 1990, passed by the learned Single Judge in C.W.J.C. No. 962 of 1984 (R).

(2.) Undisputed facts in this case are that the land measuring 11.36 acres appertaining to Khata No. 34 of village Changatoli, P.S. Karra, District Ranchi, was recorded in the name of Nabi Munda, father of the appellant and others. The appellant, a member of Scheduled Tribes, made an application under Section 71A of the Chotanagpur Tenancy Act (hereinafter mentioned as the 'Act') for restoration of the possession of the said land. The claim of the appellant was resisted by Respondent No. 1, the petitioner in C.W.J.C. No. 962 of 1984 (R), contending, inter-alia, that the holding was sold in Execution Case No. 66R 9 of 1940-41 to Chaugatoli Co-operative Society on 10.3.1941 and the sale was confirmed on 29.8.1941. The Co-operative Society having surrendered the land, landlord settled the same with one Yukub Khan. As Yakub failed to pay the rent, the landlord instituted a suit for recovery of arrear and the holding was sold in Rent Execution Case No. 96 Rule 9 of 1950-51 and respondent No. 1 purchased the said land in the execution case, and the sale certificate was issued in his favour.

(3.) The application under Section 71A of the Act filed by the appellant on 30.9.1970 was registered as Case No. 182 of 1970-71. The Sub-Divisional Officer, Khunti, Ranchi, who are delegated with the power of the Deputy Commissioner under Section 71A of the Act, by the order dated 21.2.1975, rejected the application of the appellant. The appellant preferred an appeal against the order dated 21.2.1975 and the appellate authority, by the order dated 07.8.1979, allowed the appeal and remanded the case to the Sub-Divisional Officer for fresh enquiry and disposal of the application in accordance with law. On perusal of the materials on record, the Sub-Divisional Officer, amongst others, found:-