NIRMALA DEVI @ NIRMALA AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 12.02.2019 has been sought to be quashed by which the petitioner has been directed to be evicted in exercise of power conferred under the provision of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, hereinafter referred to as the Act, 2011.

(2.) The factual aspect involved in this case as per the pleading made in the writ petition is that the Manager Ramgarh Estate has filed an application under Section 20(2) of the C.N.T. Act against one Sahdul Mian and others being Case No.6 of 1923-1924, in which the Deputy Collector, Hazaribagh vide order dated 19.06.1924 has directed Sahdul Mian to handover the land under Mauza Ramgarh including Plot No.748 and in view of the aforesaid order, the writ of delivery of possession has been issued vide order dated 26.09.1924 and finally vide order dated 20.10.1924, the possession of the aforesaid land was delivered in favour of Manager Ramgarh Estate and the case was disposed of and in pursuance to the order passed in the said proceeding, the Manager Ramgarh Estate has come in the inclusive possession over the land. Subsequently, the same has come into the possession of Ramgarh Estate i.e., under the possession of Raja Kamakhya Narayan Singh who has sold out the land in favour of Rani Lalita Raj Laxmi who came in possession of the land including Plot No.748 and the petitioner has purchased the aforesaid land from the said Rani Lalita Raj Laxmi vide registered sale deed no.7431 dated 30.12.1980. The petitioner since then is enjoying the physical possession over the land and also constructed the house for which the holding number has been given by the Ramgarh Cantonment Board being House No. (1) R/C-04.

(3.) It is the case of the petitioner that she has purchased 65 decimal of land as also her husband namely Basant Lal Agarwal has purchased 65 decimal of land. The land which absolutely belongs to the petitioner's house is there and as such she has accrued right over the land as house situated over Plot No.748.