MURLIDHAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing Annexures 20, 21 and 22 by which the revenue authorities have allowed the land to be restored under Sec. 71 -A of the Chotanagpur Tenancy Act.

(2.) The land in dispute bears municipal holding No. 215 in ward No. 6 of Ranchi Municipality standing on M. B. Plot No. 6 situated at Kantatoli Chowk, Purulia Road, Ranchi, belonging to the petitioners. One Benjamin Khess died leaving behind his only son John Khess, who inherited the properties left by his deceased father including the property in question. John Khess also died leaving behind his widow Mudit Khess and Son Komal Khess, who is said to have inherited the disputed property and came in possession of the same. Petitioner No. 1 purchased a portion of M. B. Plot No. 6, old holding No. 330 corresponding to new holding No. 215 within Ward No. 6 of the Ranchi Municipality, by virtue of a registered sale deed dated 24 January 1963 from Komal Khess (respondent No. 5) and his Mother Mudit Khess (Annexure 4). Petitioner No. 1 after purchase got his name mutated in the office of the State of Bihar in Mutation Case No. 207 Rule 27 of 1963 -64 and is paying rent to the State of Bihar. Petitioner No. 1 also got his name mutated in the office of the Ranchi Municipality and is paying taxes regularly to the Ranchi Municipality. The rent receipts are Annexures 5 (a) to 5 (e). It is said that one Susana Khess, claiming to be another widow of John Khess, claimed her interest in the property which resulted, in petitioner No 1's instituting a suit for partition bearing Partition Suit No. 3 of 1969 in the court of the Special Subordinate Judge, Ranchi. Against Komal Khess, Mudit Khess and Susana Khess The suit, however, was compromised between the parties and a final decree was prepared on 24 May, 1972 and the land purchased by petitioner No. 1 was allotted to him (Annexure 6). A deed of release was also executed by Susana Khess, Mudit Khess and Komal Khess in favour of petitioner No. 1 and they relinquished all their right, title and interest, if any, with respect to the property purchased by petitioner No. 1 by virtue of the registered deed of sale dated January 24, 1963 (Annexure 7). On August 9, 1972 petitioner No. 1 purchased 1 katha, 8 chataks and 13 square feet out of the said plot, part of the same Municipal holding, from Komal and Mudit. His name was also mutated in the office of the State of Bihar in Mutation Case No. 143 Rule 27 of 1973 -74 (Annexure 9). Petitioner No. 1 is also paying rent to the State of Bihar (Annexure 1 -C). He also got his name mutated in the office of the Ranchi Municipality and is paying taxes in his own name (Annexure 10/a). It is said that petitioner No. 1 constructed a substantial structure at a cost of more than Rs. 60,000 before coming into force of Regulation 1 of 1969.

(3.) Petitioner No 2 on his part purchased 3 kathas, 8 chataks and 30 square feet of land alongwith the house standing on a portion of plot No. 6, being sub -plot No. 6/c, of the same holding from Komal Khess and his wife Sushila Khess by virtue of a registered sale deed date 20th August, 1973, for a consideration of Rs. 6,000 (Annexure 11). Petitioner No. 2 similarly got his name mutated in the office of the State of Bihar in Mutation Case No. 338 Rule 27 of 1079 -80 (Annexure 12) and also got his name mutated in the municipal records and is paying taxes in his own name (Annexure 13).