BIPAT GOPE Vs. PRINCIPAL CONSOLIDATION

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the challenge is against the judgment in Revision Case Nos. 1809, 1810, and 1811 of 1983 dated 25.6.1988 (Annexure -6.) passed by respondent No. 1 under Sec.35 of the Bihar Consolidations of Holdings and Prevention of Fragmentation Act, 1956 (In short "the 1956 Act"), whereby the decisions of the Consolidation Officer and that of the Deputy Director, Consolidation, in favour of the petitioners came to be reversed, inter alia, contending that it is contrary to law and is rendered without examining material documentary evidence which is countered by the learned Counsel for the respondents.

(2.) THERE is no dispute about the fact that in respect of the subject matter, a civil suit came to be filed by the petitioners and upon consideration of the facts and circumstances, it came to be decreed which was carried in appeal by the respondents but it came to have abated in terms of Sec. 4(c) of the 1956 Act against which no further action had been taken.

(3.) FOR the appreciation of the merits of the matter, the genealogy of the parties has been shown and placed in a tabular form hereinbelow: Mangar Gope | - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -| | | Karma Chedi Hari | x x | - - - - - - - - - - - - - - - - - - - - - - - - - - | | Somari Shebalak | | | - - - - - - - - - - - - - - - - - - - - - -| | | | Bipat Ramdeo - - - - - - - - - - - - - - - - - - - - - - - -Shitapati Devi | | | | Mahabir Bhatu Bisun Bijay