JUDGMENT

1. Leave granted.

2. Heard learned counsel for the parties. In this appeal the appellant who is admittedly a tribal residing in Chotanagpur Division made an application under Section 46(4) (a) under Chotanagpur Tenancy Act for getting back possession of the disputed land which according to the appellant was surrendered by the father of the appellant and on such surrender the said land was settled on the respondent Chando Kumari @ Most Dumari and Others. Such application was made on 12-1-1976 before the Deputy Commissioner, Land Reforms. The application was rejected by the Deputy Commissioner. The appellant thereafter preferred an appeal before the Additional Collector and the case was remanded back to the Deputy Commissioner, Land Reforms but the matter was again dismissed by the said Deputy Commissioner by order dated 29-1-1994. The appellant again preferred an appeal before the Additional Collector, Land Reforms. But Additional Collector again passed an order of remand before the Deputy Commissioner. Such order of remand was challenged by the appellant in revision. By an order dated 8-10-1986, the Commissioner allowed the revision application. The Commissioner inter alia