YAMUNA PRASAD SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.12.2008 passed in W.P.C. No. 84 of 2005 by which the learned Single Judge dismissed the Writ Petition by passing the following order:

(2.) MR . V. Shivnath, learned counsel appearing for the appellant drawn our attention to various annexures and the orders passed by the authorities and submitted that the court below including the learned Single Judge had committed error of law in rejecting the claim of the appellant. It appears that the suit filed by the plaintiff respondent being Title Suit No. 33 of 1993 was decreed. The respondent -appellant challenged the said decree by filing appeal before the Deputy Commissioner cum Settlement Officer, Dumka but the same was dismissed. The appellant then moved the Commissioner, Santhal Pargana Division by filing Second Appeal No. 101 of 2004. The Commissioner after re -appreciating the entire facts and evidence affirmed the finding recorded by the Trial Court and the Appellate Court. So far the claim of the appellant on the basis of Bhudan Patta is concerned, the commissioner held as under:

(3.) WE , therefore, do not find any merit in this appeal, which is accordingly, dismissed.