DHANESHWAR RAWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present petition has been preferred against the order passed by the S.D.O., Deoghar as well as by the Deputy Commissioner, Deoghar which are Annexure-1 and 1/A to the memo of petition, whereby an application filed by the present Petitioner under Section 56 of Santhal Parganas Tenency Act was dismissed and therefore, the present petition has been preferred.

(2.) Having heard the counsel of both sides and looking into the facts and circumstances of the case, there is a prima facie case in favour of the Petitioner mainly for the reason that the Petitioner has constructed house, or has obtained from predecessor in title, in the year 1948. Approximately from the year 1948 the property in question is in possession of the Petitioner. Moreover, as on date of the application for mutating the name of the Petitioner in the revenue entries under Santhal Pargana Tenency Act, name of one Sri Lootan Kahar was already reflected in the revenue entries and the Petitioner has a direct nexus with the said Lootan Kahar

(3.) Thus, the Petitioner is claiming the property in question as an owner of the property through Bhola Rawani who is father-in- law of the Petitioner and Bhola Rawani is the husband of Kowali Devi and Kowali Devi is one of the daughters of Lootan Kahar. Thus, there is also a prima facie case in favour of the Petitioner. Balance of convenience is also in favour of the Petitioner as the Petitioner is already residing in the said house since five decades. A balance of irreparable loss will be caused if the stay is not granted.