HAZARI SAHU Vs. COMMR SOUTH CHOTANAGPUR DVN RANCHI

JUDGEMENT

(1.) This writ application raises the question regarding the jurisdiction of the Additional Sub-Divisional Officer, Latehar, who passed the order under S.71A of the Chotanagpur Tenancy Act in short 'the Act') on 14-4-1977 which is contained in Annex.-3.

(2.) The petitioner is a settled raiyat and continued to be in exclusive occupation and possession over an area of 0.85 acres of land in village Chatakpur. The land originally belonged to one Balu Uraon and Mangra Uraon. After the death of Mangra Uraon, Balu Uraon became the sole owner of the entire land and was recorded as a raiyat in the survey record. On account of some financial need for domestic purposes, he borrowed money from one Jitan Sahu about thirty-three or thirty-four years ago and in exchange thereof, he put Jitan Sahu into possession over the said piece of land and verbally settled the land with him. Since then Jitan Sahu is occupying the land and exercising his full right of title and possession over the said land for the last thirty-four years and continued in his own independent right. He became the absolute owner of the said land. Until 1970, he was not disturbed in his possession by any person or authority including the respondents. After his death, the petitioner got the land jointly with his father in the year 1970.

(3.) In the year 1970, the respondents demanded restoration of the said land. The petitioner then filed a title suit being Title Suit No. 63 of 1970. After contest, the suit was decreed on the basis of a compromise petition filed be the parties which was incorporated in the decree, and the title and possession of the petitioner over the land was recognised by the defendants in that suit.