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2004 Supreme(SC) 1041

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
Situ Sahu – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

Srikrishna, J.-These appeals, by special leave call into question the judgment of the Division Bench of the Patna High Court dismissing the writ application of the appellants.

2. In the area to which the Chota Nagpur Tenancy Act, 1908 (hereinafter referred to as the Act ) applied, certain lands were originally recorded in the names of Kochya Oraon, Bachua Oraon and Jagna Oraon, ancestors of one Goinda Oraon. They were the recorded tenants of land in Khata No. 13 of village Chhotanagpur. Jagna Oraon died immediately after the revisional survey. Kochya and Bachua surrendered the tenancy pertaining to plot Nos. 588, 1883, 1884 and 1885 in Khata No. 13 admeasuring 2.65 acres of the land to the landlord, the Maharaja of Chhotanagpur by a registered deed dated 7.2.1938. Soon thereafter, the landlord settled the land on the appellants on 25.2.1938. The appellants have been in possession of the land and cultivating it.

3. On 3.2.1978 the said Goinda Oraon filed an application under section 71A of the Act for restoration of the land in question on the ground that the appellants had fraudulently acquired the land by means of a sada hukumnama . This application was registered as S.A.R























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