SHEOBADAN Vs. BIHARI SAH

JUDGEMENT

(1.) This is an appeal under the Letters Patent from the decision of Varma J., (as he then was) sitting singly. The appellants are defendants 1 to 4. The suit was decreed by the Munsif, and the decision has been upheld in the first appeal and by the learned Judge of this Court in second appeal.

(2.) The facts of the case may be very briefly stated. Plaintiffs 1 to 7 in the suit are the sixteen annas landlords of a village, Majhari. Defendants 1 to 4 were the old tenants of the holding, Kbata NOrder 41, having occupancy rights. In 1982, plaintiffs 1 to 7 purchased the holding in execution of a rent decree against the tenants and subsequently obtained delivery of possession. They then settled the land with plaintiff 8.

(3.) On 27 February 1989, defendant 1 filed a petition before the Eent Beduction Officer for restoration of the holding under Section 3, Bihar Act, 9 [ix] of 1938, (The Bihar Restoration of Bakasht Lands and Reduction of Arrears of Rent Act 1938). The application was by defendant 1 alone, and defendants 2 to 4 were never brought on record. Of the landlords, only plaintiff 1 was made a party. On 2 March, 1940, defendant 1 petitioned for making plaintiff 7 a party, and that was done then and there Plaintiffs 2 to 6 were never made parties at all. By an order dated 9 May 1940, the Revenue Officer ordered restoration of the land to the defendant and he got possession accordingly.