RAM PRASAD MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioners have prayed for quashing the order dated 7th June, 1989 passed in Title Partition Suit No.43 of 1983 by the Assistant Settlement Officer, Godda and order dated 26th February, 1998 passed by the Charge Officer, Dumka in Title Partition Appeal No.31 of 1989. The petitioners have further prayed for declaration of the order dated 7th June, 1989 passed by the Assistant Settlement Officer, Godda and the order dated 26th February, 1998 passed by the Charged Officer, Dumka being ultra vires and without any authority of law. The petitioners have further prayed for restraining the Assistant Settlement Officer, Godda to act upon and give effect pursuant to the order dated 7th June, 1989 passed by the Assistant Settlement Officer, Godda in Title Partition Suit No.43 of 1983. The petitioners have further prayed for restraining the respondents not to disturb their physical possession over the suit land.

(2.) The fact, giving rise to the instant case, in short, is that Chakradhar Mahto, son of Ram Prasad Mahto (Petitioner No.1) filed Title Partition Suit No.79 of 1965 in the court of learned Sub ordinate Judge, Godda against Darbari Mahto, Balram Mahto, Bidya Mahto, Buchu Mahato and others, stating, inter alia, that Gopal Mahto was common ancestor of the party. He had two sons, namely, Shyam Mahto and Dinaram Mahto. Gopal Mahto and Shyam Mahto died before last settlement. In the settlement, the land was recorded in the names of Rupan Mahto, son of Shyam Mahto and Dinaram Mahto, son of Gopal Mahto. Those lands are described in ScheduleA of the plaint.

(3.) Shyam Mahto had a son, namely, Rupan Mahto and daughter, namely, Most. Khudia. Most. Khudia was married to Kisto Mahto. Chakradhar Mahto (plaintiff) was son of Most. Khudia. Rupan Mahto was issueless. Dinaram Mahto had two sons, namely, Darbari Mahto and Lachhu Mahto. Lachhu Mahto died much before filing the title suit, leaving behind two sons, namely, Bibia Mahto and Budhu Mahto. Rupan Mahto had separated from his uncleDinaram Mahto five years after the last settlement. Rupan Mahto died in the state of separation, leaving behind his widow, who also died in the following year.