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1991 Supreme(Pat) 280

S.B.SINHA
Dhaniya Kujur – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s. A. Sahay & S.P. Bhartuar.
For the State: M/s. M.Y. Eqbal & Shyama Kant Sinha.

JUDGMENT

S.B. SINHA, J.

1. This application is directed against an order dated 21.11.1980 passed by respondent No. 4 and as contained in Annexure-3 to the writ application, the order dated 10.6.1986 passed by the respondent no. 3 and as contained in Annexure-6 to the writ application as also the order dated 9.12.1986 passed by the respondent no. 2 and as contained in Annexure-7 to the writ application.

2. The fact of the matter lies in a very narrow compass.

3. An application for restoration under section 71A of the C.N.T. Act, 1908 was filed by the respondent Nos. 6 and 7. According to the respondents they are members of the Scheduled tribe and one Mudhusudan Raut had entered into the possession of their house by committing fraud. It is the admitted case of the petitioners that the house in question stands in the name of the petitioner no.1.

4. However, notices was issued in the name of petitioner no. 2 who in his evidence admitted that he purchased the said house in the name of his wife. Before the court below both the parties adduced their respective evidences.

5. It appears that in the record of rights as also in three deeds of sale which arc contained in Annexure-2 and 2/b to this w

















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