KAMAL NATH KARMALI Vs. ABHINAW KUMAR

JUDGEMENT

(1.) Prayer: 1. The instant appeal, under Clause 10 of the Letters Appeal, is directed against order dtd. 3/4/2018 passed in W.P.(C) No. 5724 of 2015, whereby and whereunder the writ petition was allowed and order dtd. 21/1/2012 passed by the Sub Divisional Officer, Ramgarh, by which the description of land from Khata No. 94 to Khata No. 77 was rectified, has been quashed and set aside; and it has been held that appellate order dtd. 15/10/2015 passed in Appeal Case No. 15/2011-12 is of no consequence as the same was not entertained by the appellate authority on the ground that the appeal against the order of restoration was dismissed vide order dtd. 14/12/2004 passed in Appeal Case No. 8 of 1997. Brief facts of the case:

(2.) The brief facts of the case, as per the pleading available on record, needs to be referred herein, which reads as under:

(3.) The mother of writ petitioner-respondent no. 1, Smt. Uma Sinha, wife of Late K.P. Sinha, purchased a piece of land measuring an area of 0.22 acres out of 1.15 acres falling under Khata No. 77, Plot No. 188 in Village Murram Kala, P.S. Ramgarh, the then District-Hazaribagh [Now Ramgarh] from Haricharan Mistri and Shivcharan Mistri, sons of recorded tenant Hardayal Karmali, on payment of consideration amount of Rs.6500.00 vide registered sale deed dtd. 20/4/1982, who came in peaceful possession thereof. The said land was mutated in the name of Smt. Uma Sinha vide Mutation Case No. 266/84-85 and accordingly rent receipt was issued.