Ali Ahmad, J.

The petitioners, four in number, have filed this application under Articles 226 and 227 of the Constitution of India and have prayed that annexures 4, 5, 7 and 8 be quashed. Annexure 4 is an order dated 24th, September 1969 by which the Sub-Divisional Officer, Deoghar ordered the petitioners to be evicted from six plots, namely, plot 552, 554, 658, 756 and 760 of Jamabandi No. 84 appertaining to village Andhari Gadar. Annexure 5 is an order dated 31st. March. 1970 passed in appeal by which the order of the Sub-Divisional officer (Annexure 4) has been affirmed. Annexure 7 is an order dated 2nd. June 1975 passed by the Commissioner of Bhagalpur Division upholding the orders as contained in annexures 4 and Annexures 8 is also an order dated 2nd. June 1975 passed by the Commissioner of Bhagalpur Division by which he directed the petitioners to be evicted from plot Nos. 761, 763, 764, 766 and 767 also of Jamabandi No. 34 in village Andhri Gadar under Section 20 (5) of the Santhal Parganas Tenancy (Supplementary provisions) Act, 1949 (hereinafter to be referred to as the Act)

2. The case of the petitioners shortly stated is that they took kut settlement from the sons of the recorded tenant sometime in the year 1934. They claim that thereafter they came in possession of the lands settled with them-Again according to the petitioners there was settlement of the entire Jamabandi No. 34 of village Andhari Gadar in their favour on 21st. Baishakh 1348 (some time in the year 1941). They claim that ever since then they have been in continuous possession of the lands covered by the Kurfa settlement.

3. Title suit no. 44 of 1959 was filed by some of the heirs of the recorded tenant alleging that the Kurfa settlement made in favour of the petitioners was invalid, and as such, they prayed for recovery of possession with respect to the lands appertaining to Jamabandi No. 34. The suit however was compromised on 11th. August, 1959. According to the compromise, the suit was dismissed, some time thereafter, an application by Ganesh Modi (Respondent No. 12) was filed before the Sub-Divisional officer praying that the petitioners be evicted from the lands of Jamabandi no. 34. This application was rejected by the Sub Divisional officer by his order dated 12th. July 1961. A copy of the said order has been marked as Annexure 2 Thereafter, an appeal was filed before the Deputy Commissioner. The Deputy Commissioner dismissed the appeal by his order dated 19th. March 1962 (Annexure-3) Nothing seems to have happened thereafter for some time till 1969 when respondent No. 5 filed another petition for eviction. The Sub-Divisional Officer, after hearing the parties, directed by his order dated 24th. September 1969 (Annexure 4) that the petitioners be evicted from plot nos. 552, 553, 554, 558, 756 and 760. With regard to plot Nos. 761, 768, 764, 766 and 767 be however rejected the prayer. On appeal, the Deputy commissioner affirmed the order of the Sub-Divisional Officer vide his order contained in annexure-5. Thereafter, the petitioners filed an application in revision before the Commissioner of Bhagalpur Division. The Commissioner, on a perusal of the documents, issued notice to the petitioners to show cause as to why order for eviction should also not be passed with respect to plot Nos. 761, 768, 764, 766 and 767 of Jamabandi No. 34. The petitioners appeared and showed cause saying, Interalia, that they have been in continuous possession since 1934 on account of kut settlement and also on account of Kurfa settlement made in their favour on 21st. Baisakh 1348. Learned Commissioner by his order dated 2nd June 1975 (Annexure-7) dismissed the revisional application upholding the orders passed by the Sub-Divisional Officer and the Deputy Commissioner as contained in Annexure 4 and 5, respectively. He also by an order passed on the same day i.e. on 2nd. June, 1975, contained in Annexure-g, held that the petitioners have come in possession of the la