S.S.SANDHAWALIA, J.

1. Whether the surrender by a scheduled tribe raiyat of his statutory right to hold land for the purposes of cultivation (as defined in section 6) would amount to a transfer within the meaning of S.71A of the Chota Nagpur Tenancy Act, 1908 ? In the alternative would such a surrender directly coupled with the subsequent settlement of such land by the landlord be a transfer within the ambit of the said S.71A of the Act? These are the two significant and inter-related questions which have necessitated this reference to the Full Bench.

2. The facts may be noticed with relative brevity having relevance to the issues aforesaid. On the petitioners own showing, the land in dispute herein stood recorded in the name of Lalu Oraon, the father of respondent 4. The said Lalu Oraon, by a registered deed executed on the 29th Mar. 1954, surrendered the said land in favour of his landlord, Mahendra Narayan Tiwari. This was then purported to be allotted to one Jogendra Narayan Tiwari said to be one of the co-sharers, who executed a registered deed of settlement dt. 30th March, 1954 in favour of Shrimati Mantoran Kuwari on an annual rental of Rs. 134/-. The said settlee la