DUMARAON PROPERTIES AND ENTERPRISES PVT LTD Vs. STATE

JUDGEMENT

(1.) This writ petition is directed against an order dated 10-9-1985 passed by the respondent No. 2 in Appeals Nos. 21 and 22 of 1982, whereby and whereunder, the said respondent directed that the name of respondents Nos. 4 to 11 be entered in the municipal records in respect of survey plots Nos. 280(P) and 265(P) situated in ward No. 10 of Dumraon Municipality and thereby rejected objection No. 16 of 1981 and allowed in part the objection No. 103 of 1981 and thereby further set aside the order passed by the respondent No. 3 dated 25-11-1981 in abjection case No. 16 of 1981 and objection case No. 103 of 1981.

(2.) Shorn of all unnecessary details, the facts of the matter are as follows :- The aforementioned plots were entered into the municipal survey records in the name of the predecessor-in-interest of the petitioner i.e. Maharaja Kamal Singh. The said Maharaja Kamal Singh by a registered deed of sale dated 15-10-1963 transferred his right, title and interest in favour of the petitioner company for a consideration of Rs. 1,75,000/- inter alia in respect of the lands in question. The petitioner contends that the name of the aforementioned Maharaja Kamal Singh was entered in the earlier municipal survey settlement records which took place in the year 1911-1912.

(3.) A typed copy of the aforementioned municipal Khesara is contained in Annexures-A and A/1 of the counter-affidavit filed on behalf of the private respondent. However, at the time of the hearing of this case, the learned counsel for the petitioner has produced before me the certified copy of the aforementioned Khesra wherefrom, it appears that inter alia there are two columns therein being columns Nos. 4 and 5. Column No. 4 refers to the name of the person who is entitled to receive rent and column No. 5 refers to the name of the person who is in possession of the land in question and pays rent to the person whose name appears in column No. 4. According to the petitioner, the predecessor-in-interest of the respondents Nos. 4 to 11 namely, Jagernath Ram Kanu, was a tenant under the vendor of the petitioner and in that view of the matter, the name of the aforementioned Jagernath Ram Kanu was entered into the aforementioned Kheshra in column No. 5 and the name of Dumraon Raj was entered into in column No. 4 thereof.