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1991 Supreme(Pat) 52

SATYABRATA SINHA
Buda Toppo – Appellant
Versus
State Of Bihar – Respondent


Judgment

Satyabrata Sinha, J.

1. This writ petition involves interpretation of Rule 20 of the Wilkinsons Rules (the Rules for short ).

2. Before proceeding to decide the said question the fact of the matter may be noticed : respondent No.5 filed a suit before the Kolhan Superintendent, singhbhum at Chaibassa, being K. T. S. No.50 of 1990 for declaration of right, title and interest in respect of the suit property being Plot No.776, appertaining to Khata No.74 of Mouza Ichapur, According to plaintiff-respondent no.5, he purchased the aforesaid suit land in the year 1976 by a registered deed of sale executed by the record tenants.

3. On the other hand the case of the petitioner before the kolhan Superintendent was that by reason of an oral sale the land was purchased by him in the year 1961 from the recorded tenants and thereafter he remained in possession thereof.

4. In the written statement filed by the petitioner in the aforesaid suit, it was contended that in any event he has acquired title by adverse possession.

5. The Kolhan Superintendent in purported exercise of the power conferred on him under Rule 20 of the Rules referred the matter for arbitration of three patches. One panc


















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