P.K. Balasubramanyan, C.J.

1. This appeal by the petition in CWJC No. 1420 of 1989(R) challenges the dismissal of the writ petition by a learned Single Judge. In the writ petition, the appellant had challenged the orders passed by the three authorities in proceedings under Section 71-A of the Chotanagpur Tenancy Act. In the proceedings under Section 71-A of the Chotanagpur Tenancy Act, the Sub- Divisional Officer, Lohardaga, held that respondent No. 4 herein, was entitled to an order for restoration of the holding. The Sub-Divisional Officer held that the land was outstanding with the predecessor of respondent No. 4. The landlord had filed Title Suit No. 224 of 1925 which was dismissed. An appeal from the said decree, Title Appeal No. 3 of 1928, was also dismissed. The matter was taken up in Second Appeal No. 1849 of 1930 and that was also dismissed. The appellant claims through the ex-landlord. The Sub-Divisional Officer therefore held that in view of the outstanding tenancy in favour of the predecessor of respondent 4, the assignment relied on by the appellant was hit by Section 46 of the Chotanagpur Tenancy Act and in that context, respondent No. 4 was entitled to be rest