BIRSAI ORAON Vs. TIBRA KUMHAR

JUDGEMENT

(1.) IN Revisional Survey Khatian Mardan Kumhar was recorded tenant of the disputed land, which was auction sold in execution of a decree passed in Rent Suit No. 585 of 1933 -34 and purchased by one Bitan Sahu. By registered sale deed dated 1.2.1971. plaintiff purchased it from Mardan Sahu. Mahadeo Sahu and I lira Sahu, all sons of Buan Sahu and got his name mutated in Register II. the tenants leader. maintained by State, vide Mutation Cast; No. 9 of 1971 -72.

(2.) ONE Mahli Bhagat, son of Jagmain Kumhar posing himself as brother of recorded tenant and son of Khasru Kumhar died Tana Bhagat Case No. 10 of 1961 -62 against the said Bitan Sahu before Circle Officer. Gumla, which was dismissed on 22.5.1965. mainly on the ground that neither recorded tenant was Tana Bhagat nor Hahli Bhagat was his legal representative.

(3.) PLAINTIFF , therefore, filed Title Suit No. 6 of 1980 for declaration that order dated 4.8.1972, passed in Tana Bhagat Case No. 1 of 1972 -73 as well as order dated 3.12.1989. passed in Tana Appeal No. 112 (P) - 15 of 1972 -73 were illegal and for permanent injunction restraining defendants from taking possession of the lands mentioned in paragraph 1 of the plaint on the basis of aforesaid order which were ultra vires, illegal, invalid and without jurisdiction.