S.B. Sinha, J.

This writ petition involves an interesting question of law. The facts of the case are undisputed and lie in a very narrow compass.

Plot Nos. 560, 563, 565, and 175 appertaining to khatian No. 108 measuring an area of 3.31 acres of village Agra, P.S. Tamar was recorded in the name of Anand Mundari and Sukhlal sons of Budhu. It is alleged that by a registered deed of surrender dated 20.6.1950, the disputed lands were surrendered and thereafter the same were settled by a registered deed dated 21.6.1950 executed by the ex-landlord in favour of the petitioners.

One Mahadeo Munda, father of respondent no. 5 earlier filed an application in terms of the provisions of section 71A of the Chotanagpur Tenancy Act, (in short, the Act) wherein it was contended that the aforementioned surrender and settlement being a part of the same transaction, the same was hit by the provisions of section 46 of the said Act. The application filed by the aforementioned Mahadeo Munda was however dismissed. The said Mahadeo Munda did not prefer any appeal against the aforementioned judgment dated 15.10.1974 as contained in Annexure-1 to the writ petition.

2. Respondent no. 5, however, filed an