JUGAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, an interesting question of law arises for decision namely whether a Munda widow has a right to surrender the agriculture holding or not. This application is directed against the order as contained in Annexures 1, 2 and 3 passed by respondent Nos. 4, 3 and 2 respectively.

(2.) For the purpose of disposal of this application, it is not necessary to state the facts in details. Suffice is to say that one Rup Singh Munda filed an application for restoration purporting to be under Section 71-A of the Chotanagpur Tenancy Act in respect of land bearing plot No. 9010 appertaining to the Khata No. 78 measuring an area 78 decimal. The aforementioned application was allowed solely on the ground that the widows of two sons of the recorded tenants. Budhan and Gansa viz Galeswari Debi and Mossmt Bande surrendered the lands in question in favour of the landlord. The aforementioned surrender took place in or about 12-9-1939. The cause of the surrender is alleged to be, that the two aforementioned widows were not in a position to cultivate those lands.

(3.) By reasons of the impugned orders the concerned respondents allowed the application of the aforementioned Rup Singh Munda, only on the ground that the widows aforementioned having only a limited interest had no right to surrender in question.