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1999 Supreme(Pat) 873

SUDHANSU JYOTI MUKHOPADHAYA, M.Y.EQBAL
Marshal Singh Buriulli – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : M/s. Jaya Roy.
For the Respondents: M/s. N.K. Prasad, Sr. Adv. & R.K. Gupta.
For the State : M/s. R.K. Merathia, G.P.II & M. Patra, J.C. to G.P.II.

JUDGMENT

S.J. MUKHOPADHAYA, J. :- This appeal has been preferred by petitioners appellants against the order dated 15th March, 1990, passed by learned Single Judge in C.W.J.C. No. 580 of 1979(R).

2. The brief facts of the case show that the Respondents and their purchasers preferred a Kolhan Title Suit in the Court of the Additional Deputy Commissioner, Singhbhum at Chaibasa bearing K.T.S. no.13 of 1969 for declaration that Schedule 'B' land of the plaint had been wrongly recorded in the name of Defendant No.1, Sudan Buriulli (father of petitioner, appellant No.1, Marshal Singh Buruilli) and the defendant Mahabir Buriulli (petitioner-appellant no.8 herein), in survey settlement record and the same should have been recorded in the name of Respondent Dasmati Kui, in her limited right. Further declaration was sought that after the death or marriage of defendant Dasmati Kui, the Schedule 'B' land will be inherited by plaintiff-defendant Nos. 1, 2, 4 and 5 together.

3. The case of the petitioners-appellants, inter alia, was that the land, in question, belonged to Manki family of Asura, the oldest family in Kolhan, the last male holder being Sidui Manki, S/o Pargana Manki. As three other b














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