UMAKANT RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This writ petition has been filed for the following relief: 'For quashing the order dtd. 3/10/2006 passed by the Commissioner, S.P. Division, Dumka (Respondent No. 2) in R.M.A. No. 200/86-87 whereby the learned Court confirmed the order of Eviction of the Petitioner dtd. 18/6/86 from the land in question passed by the Charge Officer, Dumka (Respondent No.3) in RMA No. 156/1985 and the order dtd. 21/1/85 passed by the Asstt. Settlement Officer, Tasdik Camp-Amdiha (Respondent No. 4) in R.E. Case No. 2/1984.' Arguments on behalf of the Petitioners

(3.) Learned senior counsel for the petitioners has submitted that the petitioners are claiming the property on the basis of Hukumnama issued in favour of the original petitioner (Babu Ram Rai) by the ex-landlord. The Hukumnama is dtd. 19/12/1948. He has further submitted that the property involved in this case stood recorded in the name of one Kasturi Raiyain wife of Lalit Rai who was none else than the own cousin aunt of the original petitioner namely Babu Ram Rai. She had no son and had only one daughter who got married and the original petitioner was kept by the recorded tenant as her son while he was a boy of only 10 years and was brought up by her. The original petitioner lived with his aunt since 1934-35 and used to take care of her and also performed her last rites who died sometimes in the year 1943-44. He further submits that the landlord (Ex-intermediary) of Handwa Estate finding the original petitioner in long continuous possession of the land in question, not only during the life time of the recorded tenant but also after her death, granted Hukumnama Patta No. 23 dtd. 19/12/1948 and since then the original petitioner has remained in possession of the property.