RAMBRIKSHA GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ADMITTEDLY , 69 decimals land, bearing Plot No. 558 was ancestral raiyati land of respondents 5 to 19. Appellant claimed to have purchased the same orally, sometime in the year 1951, from Dhibu Oraon, son of Dumba Oraon. Subsequently descendants of recorded tenant filed Title Suit No. 988 of 1966 against the appellant, which was disposed of in terms of compromise on 11th May, 1967 and oral transfer by Dhibu in favour of appellant's ancestor was accepted.

(2.) IN respect of the said 69 decimals land, Respondents 5 to 19 filed S.A.R No. 177 of 1985,86 in the Court of Special Officer, Ranchi, under Sec. 71 -A of the Chotanagpur Tenancy Act, 1908 (hereinafter to be referred to as 'the Act') against the appellant and others for restoration, which was allowed on 23.3.1992 and the said order was also affirmed in appeal and revision by the appellate as well as revisional authorities under the Act. Appellant thereafter preferred CWJC No. 965 of 1999 (R) in this Court, which was also dismissed on 6.2.2001.

(3.) IT cannot be disputed that oral transfer in question made in the year 1951 by the recorded tenant in favour of appellant's ancestor was in contravention of the provisions of Sec. 46 of the Act and even if the descendants of recorded tenant admitted such transfer in compromise petition filed in Title Suit No. 988 of 1966, the said contravention was not cured.