LAWS(JHAR)-2007-4-66

SHAMBHU RAM TIWARY Vs. STATE OF BIHAR

Decided On April 27, 2007
Shambhu Ram Tiwary Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) THE plaintiff is the appellant. This appeal is against the judgment and decree dated 26.5.1990 passed by the Additional Judicial Commissioner, Ranchi in Title Appeal No. 17 of 1989 whereby he has affirmed the judgment and decree dated 9.2.1989 passed by VIth Additional Sub -Judge, Ranchi in title suit No. 11/89 dismissing the suit as not maintainable.

(2.) IT appears that a proceeding under Sec. 4(h) of the Bihar Land Reforms Act, 1950 (in short the 'the said Act') was initiated against the appellant by the Collector after annulling the transfer on the ground, inter alia, that the appellant came in possession of the land by virtue of transfer and/or settlement which took place after January, 1946 which is the cut off date under the aforesaid provision. The said proceeding under Sec. 4(h) of the Act was finally decided against the appellant and the said order was affirmed in appeal filed by the appellant before the statutory forum provided under the said Act.

(3.) FROM perusal of the plaint of title suit No. 11/89 it appears that the following reliefs were sought for by the plaintiff - appellant: