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1989 Supreme(Pat) 229

S.B.SINHA
N. Subramanian @ Shri Mani Iyer – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: Mr. M. Y. Eqbal.
For the respondents: M/s N.K. Prasad and M. Sahu.
For the State : M/s Narayan Roy and Sunil Kumar Sinha.

JUDGMENT

S. B. Sinha, J.-This writ application is directed against an order dated 29.9.1988 passed by respondent no. 3 as contained in Annexure-8 to this writ application in purported exercise of his power conferred upon him under section 90 of the C. N. T. Act and thereby rectifying an alleged error in the finally published record of rights in respect of plot nos. 350, 351, 352, 353, 354, 355, 356 and 357 of the Mouza Dimna, P. S. Mango, Dist-Singhbhum.

2. The facts of the case lie in a very narrow compass.

3. Admittedly by reason of a sale deed dated 25.6.1965, the father of the petitioner, late S. N. Iyer purchased 4 big has of land out of the aforementioned plots and came in possession thereof. Allegedly the father of the petitioner and after his death the petitioner have been in possession of the entire 12 bighas of the land belonging to the predecessor in the interest of the respondent nos. 4 to 6 and acquired title in relation thereto by adverse possession.

4. Admittedly, in village Dimna, the survey settlement operations in terms of Chapter XII of the Chotanagpur Tenancy Act, 1908, were initiated. In the said survey settlement operations the plot nos. as indicated hereinbefore


















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