Tapen Sen, J.

1. The petitioners arc aggrieved by the order dated 17.11.1983 passed by the Deputy Commissioner. Ranchi in Case No. 26 Rule 28 of 1993-94 by reason whereof he initiated proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 for annulment of the settlement made by the then Landlord in respect of lands situated on RS Plot Nos. 4, 5 and 6 appertaining to Khata No. 87 and situated in Village Bargawan, P.S. Nam-kom, District-Ranchi, and also passed an order for cancellation of Jamabandi running in the names of the petitioner Nos. 1 and 2 as also in the names of Smt. Urmila Devi (wife of Petitioner No. 3 and mother of Petitioner Nos. 4 to 7) as also of Smt. Simalo Devi (since deceased) and mother of Petitioner Nos. 3 and 8 to 10. The petitioners are also aggrieved by the order dated 16.03.1994 passed by the Commissioner, South Chhotanagpur Division, Ranchi affirming the said order dated 17.11.1993 (Annexure 43) passed in Revenue Appeal No. 451 of 1993 and 432 of 1993 (Annexures 44 and 44/A). The petitioners also challenge the order of the Government approving the proceedings under Section 4 (h).

2. The facts which are necessary to be recorded for purposes of adjudicating the matter are that the aforementioned Plot Nos. 4, 5 and 6 of Khata No. 87 under Khewat No. 2 situated at Village Bargawan, P.S. Ranchi (Now Namkom), Thana No. 216 were recorded in the Revisional Survey Record of Rights published in or about the year 1935 in the name of Janki Prasad Sahu and Hari Charan Sahu (both sons of Late Ram Lal Sahu) as "Gair Majurua Malik". According to the petitioners, the aforementioned two persons namely Janki Prasad Sahu and Hari Charan Sahu were in joint possession but however sometimes in the year 1939, Hari Charan Sahu filed a Partition Suit No. 34 of 1939 against Janki Prasad Sahu wherein they claimed for Decree of partition of various properties including these lands appertaining to Khata No. 87. A compromise decree was passed in terms whereof Plot No. 4 (5.63 Acres); Plot No. 5 (46 Acres) and Plot No. 6 (2.03 Acres) fells to the exclusive share of Hari Charan Sahu who came into separate possession thereof.

3. Subsequently, Hari Charan Sahu settled these lands with Smt. Bhagwati Devi, widow of Late Ganpat Rai Marwari vide registered deed of settlement dated 16.03.1948 in the following manner :--

(a) Out of Plot No. 4 2 Acres.

(b) Out of Plot No. 5 21.97 Acres.

(c) Out of Plot No. 6 1.03 Acres.

Alter the aforesaid settlement, the settlee came in possession of the land.

4. The aforesaid settlement was preceded by a registered Kabuliat executed by the said Bhagwati Devi in favour of the ex landlord, namely, Hari Charan Sahu with respect to the aforementioned land.

5. The settlee namely Bhagwati Devi remained in possession and subsequently, however on account of necessities, she sold 0.97 Acres out of Plot Nos. 5 and 1.03 Acres out of Plot No. 6 (total two acres) to one Thakur Jagdish Narain Singh in the year 1956 and put him in possession thereof. According to the petitioners in the return filed under Section 3-B of the Bihar Land Reforms Act, the details of settlement made with Bhagwati Devi have been mentioned.

6. Thakur Jagdish Narain Singh got his name mutated in the offices of the State of Bihar and paid rent in his own name. Bhagwati Devi, on the other hand, continued to be in possession of the remaining land out of Khata Nos. 4 and 5 of Khata No. 87 so long she was alive and after her death, sometime in the year 1957, her sons namely Dwarika Prasad Modi and Deoki Nandan Modi inherited the properties and came into joint possession thereof. In the year 1944 however the lands of Plot Nos. 4, 5 and 6 were requisitioned by the Deputy Commissioner under the Defence of India, Rules for purposes of use by the military and accordingly by Annexure 6, an order of requisition of said land was issued by the Deputy Commissioner. Crop compensation was paid to Hari Charan Sahu by the Land Acquisition Department vide Lan