DINESH KUMAR CHAUDHARY Vs. COLLECTOR, PURNEA

JUDGEMENT

(1.) HAVING heard the parties and perused the pleadings on records this application is being disposed of at the stage of admission itself.

(2.) IT appears that one Shivanand Jaiswal was the landlord (raiyat) in respect of plot no. 3027 under Khata no. 1472 at Banmaknkhi The said plot, it is not disputed, has a total area of 70 decimals. It further appears that one Biramchi Das was recorded as sikmidar (occupancy under raiyat) in respect of some part of the said polot. On 6.12.1983 respondent no. 4 (Baldeo Prasad Yadav) purchased the sikmi right from Nageshwar Das @ Nageshwar Sharma, who was the son of the sikmidar Biramchi Das. This was purchased in respect of 17 decimals of land out of the said plot no. 3027.

(3.) THEREAFTER on 5.7.1996, after the death of the petitioner 'sfather the petitioner purchased from the original landlord (raiyat) Shivanand Jaiswal by registered sale deed, the landlord 's entire interest in the land in respect of 8.25 decimals appertaining to the same plot no. 3027. Apparently, this purchase of landlord 'sright is in respect of the same land for which he had earlier purchased the sikmi right. Petitioner 'scase is that first having purchased the sikmi right and then the landlord 'sfull right, he became entitled to be the absolute owner of the land and no other persons, muchless, the respondent no. 4 could exercise any right in relation to those lands.