CHANDRIKA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application is directed against the order dated 8.1.2003 passed by the Commissioner, Santhal Pargana Division, Dumka as contained in Annexure 5 whereby the order of eviction (Annexure 4) from the land in question passed by the Charge Officer against the Petitioner was set aside.

(2.) Before adverting to the submission advanced on behalf of the Petitioner, the facts of the case emerging out of the record need to be noted.

(3.) It appears that in Gantzers Survey Settlement Records of right, the lands of Jamabandi No. 3 measuring an area of 9.93 acres comprising several plots of mouza Pirhamo had been recorded in the names of Most. Alkhi Ahrin and Siban Ahri. Since the aforesaid recorded tenants had defaulted in making payment of rent, Rent Execution Case No. 1060 of 1934 was brought by Mishri Chaudhary, the then mul raiyat of the mouza which was decreed in favor of the said Mishri Chaudhary. Thereafter Raiyati Execution Case No. 43 of 1935-36 was filed in the court of Sub-divisional Officer, Deoghar for recovery of the possession. By virtue of the order passed by the revenue authority, recorded tenants were evicted from the entire lands of 9.93 acres of Jamabandi No. 3. Subsequently, at the behest of Most. Anchchi Ahrin, widow of Siban Ahri (one of the recorded tenants) an application was filed wherein it was stated that Most. Alkhi Ahrin, widow of Laru Ahri has left the village. On such assertion a prayer was made to settle half of the lands of Jamabandi No. 3. Accordingly, settlement was restored in favor of Most. Anchchi Ahrin with respect to half of the lands of Jamabandi No. 3 whereas remaining half of the lands of the said Jamabandi were settled with Dhanusdhari Choudhary, co-sharer of the mul raiyat who happened to be the father of the Respondents 5 to 8. Thereupon possession of the settled land was delivered to Dhanushdhari Choudahry on 5.10.1936 through the process of the court. The report regarding delivery of possession submitted by the court Amin was confirmed by the Sub-divisional Officer, Deoghar in the said Rent Eviction Case No. 43 of 1935-36.