BETAL HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both these writ applications common question of law arises for consideration and hence they are being disposed of by this common order.

(2.) THE first question which arises for consideration is whether the Consolidation courts have power to declare a deed of adoption to be invalid since such a document is not a void but voidable document and can only be declared to be void by a civil court. Second question for consideration is whether the petition filed by respondent no.5 after eight Y'3ars and the order passed by the Consolidation Officer in favour of the petitioners was barred under section 10A of the Consolidation of Holdings and Prevention of Fragmentation Act.

(3.) THE relevant facts may be stated as follows. Records of right of vii age Jagdishpur P.S. Barari District -Katihar w s prepared under section 9 of the Consolidation Act Section 10 of the Act provides for inviting objection from the persons who are aggrieved. The Assistant Consolidation Officer is empowered to decide the objection which order is appealable under section 10(5) of the Act. The register of lands so prepared showed Badanlal Choudhary and Tetar Choudhary, the two brothers, in possession of several plats of lands in village Jagdishpur Admittedly, the two brothers were coming in possession of their moiety interest after amicable partition between them. Badanlal Choudhary had no issue. He had adapted one Jagendra Prasad Choudhary alias Ram Narayan Choudhary san of Girish Chandra Choudhary by registered deed of adoption dated 9.10.1953 (Annexure -1). The petitioners had purchased 83 decimals of land in plat no. 551 appertaining to khata no. 502 in the village in question from the of oresaid Ram Narayan Choudhary by registered sale deed dated 26.4.1977.