LAKSHMI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners arc aggrieved by the order dated 17.11.1983 passed by the Deputy Commissioner. Ranchi in Case No. 26 Rule 28 of 1993 -94 by reason whereof he initiated proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 for annulment of the settlement made by the then Landlord in respect of lands situated on RS Plot Nos. 4, 5 and 6 appertaining to Khata No. 87 and situated in Village Bargawan, P.S. Nam -kom, District -Ranchi, and also passed an order for cancellation of Jamabandi running in the names of the petitioner Nos. 1 and 2 as also in the names of Smt. Urmila Devi (wife of Petitioner No. 3 and mother of Petitioner Nos. 4 to 7) as also of Smt. Simalo Devi (since deceased) and mother of Petitioner Nos. 3 and 8 to 10. The petitioners are also aggrieved by the order dated 16.03.1994 passed by the Commissioner, South Chhotanagpur Division, Ranchi affirming the said order dated 17.11.1993 (Annexure 43) passed in Revenue Appeal No. 451 of 1993 and 432 of 1993 (Annexures 44 and 44/A). The petitioners also challenge the order of the Government approving the proceedings under Section 4 (h).

(2.) THE facts which are necessary to be recorded for purposes of adjudicating the matter are that the aforementioned Plot Nos. 4, 5 and 6 of Khata No. 87 under Khewat No. 2 situated at Village Bargawan, P.S. Ranchi (Now Namkom), Thana No. 216 were recorded in the Revisional Survey Record of Rights published in or about the year 1935 in the name of Janki Prasad Sahu and Hari Charan Sahu (both sons of Late Ram Lal Sahu) as "Gair Majurua Malik". According to the petitioners, the aforementioned two persons namely Janki Prasad Sahu and Hari Charan Sahu were in joint possession but however sometimes in the year 1939, Hari Charan Sahu filed a Partition Suit No. 34 of 1939 against Janki Prasad Sahu wherein they claimed for Decree of partition of various properties including these lands appertaining to Khata No. 87. A compromise decree was passed in terms whereof Plot No. 4 (5.63 Acres); Plot No. 5 (46 Acres) and Plot No. 6 (2.03 Acres) fells to the exclusive share of Hari Charan Sahu who came into separate possession thereof.

(3.) THE aforesaid settlement was preceded by a registered Kabuliat executed by the said Bhagwati Devi in favour of the ex landlord, namely, Hari Charan Sahu with respect to the aforementioned land.