DEBINATH KASI Vs. COMMISSIONER, SOUTH CHOTANAGPUR DIVISION, RANCHI

JUDGEMENT

(1.) THE petitioner is aggrieved by the order passed by the revisional authority, i.e. the Commissioner, South Chotanagpur Division, Ranchi in S.A.R. Revision No. 173 of 1999 whereby in terms of the order dated 5.11.2001/2.7.2002 the revision application filed by the respondent nos. 4 to 6 were allowed and the order passed by the appellate authority was set aside.

(2.) THE facts in short are that the respondent nos. 4 to 6 filed an application under Section 71A of the Chotanagpur Tenancy Act for restoration of the land in question on the ground that though they are the descendants of the recorded tenant, but they were fraudulently dispossessed from the lands by the petitioner on the basis of Sada Hukumnama.

(3.) IT appears that the claim of the petitioner is that he acquired the land in question by means of Sada Hukumnama from the Ex -Landlord. According to the petitioner, the land in question was settled by the ex -landlord with him in the year 1947 by means of Sada Hukumnama. Thereafter, the petitioner paid rent to the ex -landlord as well as the State of Bihar after vesting, and thereby, he acquired indefeasible right and title over the land in question. Further case of the petitioner is that the lands in question was mutated in his name in the year 1980 and he is paying rent accordingly. The petitioner has filed some receipts in the court below granted by State of Bihar of the year 1960. When the lands were mutated in 1980, then how can the rent receipt was issued in the year 1960. From the order passed by the Special Officer, it appears that the petitioner himself claimed that the land in question was mutated in his name in the year 1980, whereas the rent receipt were filed by the petitioner right from the year 1960. Therefore, apparently, it appears that the rent receipt could not have been issued prior to the mutation which was done in the year 1980.