MD. ALI HASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Writ Petition is preferred to quash the order of restoration under Sec. 71A of the C.N.T. Act. Restoration order passed by in SAR Case-1/87 has been affirmed in appeal and revision.

(2.) As per the case of the petitioner, the land appertaining to Khata No. 103, Plot Nos. 1466, 1467 and 1468, P.S. Kuru, Dist.-Ranchi (now Lohardaga) was purchased by the petitioners by two registered deeds of sale executed on 20/1/1959 by Parmeshwar Sahu. His father Dasrath Sahu had acquired title over the land by auction purchase in 1936 in Rent Execution Case No. 2061/1935-36. After the said purchase, the land was mutated in the name of the Petitioners and rent is being paid.

(3.) It is argued by the learned counsel on behalf of the Petitioners that instant restoration case is barred by res judiciata as Deothan Oraon, father of respondent nos. 5 to 8, had preferred SAR Case No. 22/1974-75 before the Deputy Collector and Special Officer, Lohardaga for restoration of this land under Sec. 71A of the Chhotanagpur Tenancy Act (for short CNT Act) which was dismissed vide order dtd. 9/2/1975 and the said order attained finality. Despite this, another SAR Case No.01 of 1987, was filed by the father of the private respondents with respect to the same plot.