SAKHIYA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has prayed for quashing the order dated 31.3.1987 (Annexure 6) passed by the Sub -Divisional Officer, Khunti (respondent No. 4) in S.A.R. Case No. 2 of 1986 -87 and also the order 10.9.1996 (Annexure 8) passed by the Commissioner, South Chotanagpur Division, Ranchi (respondent No. 2) in S.A.R. Revision No. 87 of 1989 confirming the said order.

(2.) BY the said orders, the application for restoration of land filed by respondent No. 5 and his father under Section 71A of the Chotanagpur Tenancy Act, 1908 (hereinafter referred to as 'the Act') was allowed.

(3.) PETITIONER 's case was that the said application under Section 71A was barred by res judicata; that the lands in question were taken over by the then Zamindar after the recorded raiyat Mostt. Mangari Mundain died issueless and it was given to the petitioner who was the kept of the son of Zamindar; that she has been in possession since 1953 -54; she got her name mutated in Mutation Case No. 261 of 1964 -65 and has been paying rent; there being no ingredients of transfer, Sections 46, 68 and 71A of the Act were not attracted.