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2002 Supreme(Jhk) 702

M.Y.EQBAL, HARI SHANKAR PRASAD
Thakur Ghansham Singh Munda – Appellant
Versus
Commission S. C. Division – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. This appeal under clause 10 of the Letters Patent is directed against the judgment dated 19.1.1998 passed in CVVJC No. 2143/1990 (R) whereby the learned single Judge dismissed the writ application and affirmed the order passed by the Commissioner, South Chotanagpur Division, Ranchi in Revenue Revision No. 117/86.

2. The facts of the case He in a narrow compass.

3. The writ petitioner who is appellant here filed an application under Section 242 of the Chotanagpur Tenancy Act (in short, CNT Act) claiming restoration of land of plot No. 262, 253 and 289 of khata No. 1 of village Chayadih measuring an area of 5.40 acres. The restoration application was filed against Nuru Mahtp and Gora Mahto who were respondent Nos. 4 and 5 alleging, inter alia, that he had Mundari Khutkatti rights over the land in question and in pursuant to the judgment passed in F.A. No. 257/1945 possession of the same had been delivered in his favour but subsequently the said respondents created false and fabricated documents and fraudulently dispossessed him from the land. The said restoration application was registered as case No. 13 of 1983-84. respondent No. 4 Nuru Mahto contested the app

















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