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1974 Supreme(Pat) 190

K.B.N.SINGH, UDAY SINHA
Nara Ho – Appellant
Versus
Arjun – Respondent


Judgment

K.B.N.SINGH, J.

1. The three petitioners who are brothers have prayed for quashing the order of the additional Deputy Commissioner, Singhbhum in Kolhan Title Suit No. 15 of 1967, dated 19-8-1969 as also the order of the Commissioner Chotanagpur Division dated 10/12.04.1971, Copies of both the orders have been filed as Annexures 2 and 1 respectively to the writ petition. The following averments have been made in the writ petition.

2. On the 10.07.1967 respondents 1 to 4 filed Title Suit No. 15 of 1967 in the Court of Kolhan Superintendent at Chaibasa for declaration of title that the plaintiffs are rightful owners of plot No. 1939 (old plot No. 1224) and that the defendants have no right over the same. The suit was valued at Rs. 1,000.00. Following the Wilkinsons Rules prevailing in the Kolhan area to which the suit appertains, on 12-6-1968 the Kolhan Superintendent referred the matter in dispute to arbitration of three panches. On receipt of the award the case was placed before the additional Deputy Commr. of Singhbhum at Chaibasa who heard the parties and decreed the suit in terms of the award. Against that order the petitioners filed an appeal before the Commissioner, Cho











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