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1986 Supreme(Pat) 235

S.B.SANYAL
Murlidhar Gupta – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.B.Sanyal, J.

1. This is an application for quashing Annexures 20, 21 and 22 by which the revenue authorities have allowed the land to be restored under Section 71-A of the Chotanagpur Tenancy Act.

2. The land in dispute bears municpal holding No. 215 in ward No. 6 of Ranchi Municipality standing on M. B. Plot No. 6 situated at Kantatoli Chowk, Purulia Road, Ranchi, belonging to the petitioners. One Benjamin Khess died leaving behind his only son John Khess, who inherited the properties left by his deceased father including the property in question. John Khess also died leaving behind his widow Mudit Khess and Son Komal Khess, who is said to have inherited the disputed property and came in possession of the same. Petitioner No. 1 purchased a portion of M. B. Plot No. 6, old holding No. 330 corresponding to new holding No. 215 within Ward No. 6 of the Ranchi Municipality, by virtue of a registered sale deed dated 24 January 1963 from Komal Khess (respondent No. 5) and his Mother Mudit Khess (Annexure 4). Petitioner No. 1 after purchase got his name mutated in the office of the State of Bihar in Mutation Case No. 207 Rule 27 of 1963-64 and is paying rent to the State of Biha








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