SHARDA DEVI Vs. COMMISSIONER

JUDGEMENT

(1.) Heard the Parties.

(2.) The instant writ petition is preferred challenging the Order dated 16.10.1990 (Annexure-5 to the writ petition) as well as the revisional order dated 14.06.1999 (Annexure-6 to the writ petition), passed by the Respondent Nos. 2 and 1 respectively. The Order is under Section 71A of the Chhotanagpur Tenancy Act (hereinafter referred to as CNT Act) along with the application for restoration.

(3.) The primary contention on behalf of the Petitioner is that the restoration application was barred by limitation and, therefore, was not maintainable. Besides, the dispute involves, not only question of simplisitor restoration but complicated question of title, mortgage, its redemption etc. and, therefore, it could not be decided in a summary proceeding as has been done in the instant case under Section 71A of the CNT Act.