STATE OF JHARKHAND Vs. RATNI JATIA

JUDGEMENT

(1.) The petitioner-State of Jharkhand is aggrieved of order dated 04.04.2014 passed in Title (D) Suit No.30 of 1991 by which its application for amendments in the plaint has been rejected.

(2.) Inspite of due service of notice upon them the respondents have not appeared in this writ proceeding. The petitioner-State of Jharkhand has filed affidavit dated 07.6.2017 on service of notice upon the respondents.

(3.) The litigation in respect of the suit lands has a chequered history. But before the previous proceedings are recorded, it is necessary to record few facts pleaded in Title (D) Suit No.30 of 1991. The plaintiff has pleaded that the suit schedule property popularly known as 'Rohini Estate' was a Ghatwali property. The successor of a Ghatwal would inherit the estate, but only the life interest. By a registered lease-deed dated 11.11.1905 a piece of land referred to as "Hill View" was given on lease to Yogendra Nath Bose for 50 years from 1312 BC to 1361 BC, that is, till 1955 A.D. However, in a family settlement dated 08.08.1911 the suit land fell in share of Ekkarinath Bose who transferred the said land in favour of Onkarmall Jatia. The plaintiff has pleaded that the sale-deed in favour of the said Onkarmall Jatia contains a recital that the transfer was subject to the rights and obligations under the lease-deed. The defendants are legal heirs and successors of said Onkarmall Jatia.