CHANDO MOHALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this writ petition for issuance of a writ in the nature of certiorari to quash the order dated 15.2.2001, passed by the Commissioner, Santhal Parganas Division. Dumka (respondent no. 2) in Rev. Misc. Revision No. 27 of 1986 -87, whereby and whereunder, he was pleased to reject the revision application filed by the petitioner on the ground that the concurrent finding of fact cannot be interfered with.

(2.) THE case of the petitioner, in brief, is that after the death of Puran Mohali, recorded tenant, his only son Matla Mohali inherited the entire land and property of his father. Matla Mohali. having no son and his wife having predeceased him, adopted the petitioner Chando Mohali, who acquired interest of a son and inherited the property of his adoptive father, namely, Matla Mohali It is also the case of the petitioner that respondent no. 5 Cheche Mohli is a rank outsider and in no way related to Matla Mohali She is the daughter of one Smith Saheb. On the other hand, the petitioner contends that being the adopted son of Matla Mohall, he is entitled to inherit the property of his adoptive father under Section 16 of the Hindu Adoptions and Maintenance Act. It is also stated on behalf of the petitioner that 'Mohalis' are Hindu and they do not come under the ambit of Scheduled Tribe. The petitioner submits that the Revenue Court has no jurisdiction to decide the matter and such issue can only be decided by a civil court and, thus, the order of eviction was illegal and unsustainable.

(3.) ON the other hand, according to the respondents, Jamabandi No. 36 of Mauza -Lakhi Kundi stood recorded in the name of Puran Mohali, who died long ago, leaving behind him his only son Matla Mohali, who inherited the entire lands of Jamabandi No. 36. According to the respondents, Matla Mohali died leaving behind the only daughter Cheche Mohli, respondent no. 5 herein, who came in possession of the entire land of Jamabandi No. 36. It is further submitted that the petitioner had no right, title and interest and had encroached upon Plot No. 762, measuring 7 Kattha and 17 Dhurs, pertaining to the aforesaid Jamabandi No. 36.