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1955 Supreme(Pat) 120

IMAM, V.RAMASWAMI
Chandreshwari Prasad Narain Deo – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ramaswami, J.

1. In this case the petitioners Sri Chandre-shwari Prasad Narain Deo and seven others have moved the High Court for grant of a writ in the nature of certiorari to quash the order of the Additional Subdivisional Officer of Giridih dated 18-2-1954, acting under Sec. 4(h), Bihar Land Reforms Act (Bihar Act 30 of 1950) and cancelling five khorposh grants made by respondent 2, Maharaj Maheshwari Prasad Narain Deo, in favour of the petitioners in pursuance of a compromise decree dated 3-4-1948.

2. The petitioners are members of Dhanwar Raj family in the district of Hazaribagh, Petitioners 1 to 3 are the sons of Raja Iswari Prasad Narain Deo, and petitioners 5 to 8 are the sons of Kumar Harihar Prasad Narain Deo. Petitioner 4 is the widow of Raja Iswari Prasad Narain Deo. In the year 1917 Harihar Prasad Narain Deo along with his sons brought a suit for partition against Iswari Prasad Narain Deo claiming that he was entitled to half share in Dhanwar Estate.

The suit was dismissed on the ground that the estate was impartible and governed by the rule of lineal promogeniture and the junior members of the family were entitled only to maintenance and had no title to a shar





























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