GODABARI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached this Court with a prayer to direct the respondents authorities to mutate the land of Jamabandi No. 6 of Mauza-Chandpur and further to quash the order dated 27.06.1998, passed by Additional Collector, Deoghar in Rev. Misc. Appeal No. 67/93-94 by which he had upheld the order dated 28.01994, passed by Deputy Collector, Land Reform, Deoghar in Mutation Case No. 3/93-94 and thereafter, to remand the matter to consider the mutation afresh.

(3.) Case of petitioner in narrow campass is that Plot Nos. 560, 561, 562, 796, 1140 and 1143 of Mauza-Chandpur, appertaining to Jamabandi No. 6 of Mauza-Chandpur No. 261, P.S. Jasidih and the same stands recorded in the name of Most. Kamli Mahatwain, wife of Fulo Mahato in 'Purcha' of the last survey settlement. Claim of the petitioner is on the basis of genealogical table, as mentioned in paragraph-5 of the writ petition. Kalabati Devi, grand mother of the petitioner was married with Debi Mahato of Village-Chandpur. The recorded tenant-Kamali Mahatwain, during her life time, used to cultivate all lands and properties with the help of her husband's sister Kalabati Devi. Kamali Mahatwain died issue-less in the year 1938 leaving behind Kalabati Devi as her nearest heir who, on her death, inherited and succeeded all her lands and properties of Jamabandi No. 6 of Mauza-Chandpur and started possessing the same with her husband-Debi Mahato, who also started paying rent. Yasoda Devi, another sister of husband of Kamali Mahatwain, had predeceased her. After death of Kamali Mahatwain in the year 1938, Debi Mahato also died in the year 1940. After death of Debi Mahato, the grandfather of opposite party namely Madhu Mahato started claiming land of Jamabandi No. 6 in question. The dispute however was amicably settled and lands of Jamabandi No. 6 was divided between Madhu Mahato and Bandhu Mahto including his mother Kalabati Devi. In the said amicable partition, entire Plot Nos. 560, 562 and 1143, the North-Western and South Eastern portion of Bari Plot No. 561, area 0.24 Acres of the said Jamabandi No. 6 had fallen to the share of Kalabati Devi and her son Bandhu Mahato, the total area of which was 58 Decimals and entire plot nos. 796 and 1140 besides the remaining portions of Plot No. 1143, in all measuring total 57 Decimals, had fallen to the share of Madhu Mahto, the grand father of opposite 1st party and accordingly the said persons began to separately cultivate and possess their respective share of lands.