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2005 Supreme(Jhk) 64

M.Y.EQBAL
Harish Munjal – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

M.Y. Eqbal, J.

1. In this writ application the petitioners seek direction upon the respondent particularly respondent No. 4 Circle Officer, Ranchi to accept rent and grant rent receipts in respect of the landed property of the petitioner, which was purchased as far back as in 1959.

2. Petitioners case inter alia is that their predecessor in interest namely, Jiwan Lal purchased 2.90 acres of land comprised within plot Nos. 1947, 1948 and 1949 under khata No. 79 of Mouza Booty by virtue of registered deed of sale dated 2.12.1959 which was executed after obtaining permission of the Deputy Commissioner, Ranchi under Section 49 of the Chhotanagpur Tenancy Act in Misc. case No. 34-R (8) of 1959-60. Thereafter, the name of Late Jivan Lal was also mutated in the office of the Circle Officer being Mutation Case No. 51-R 27/1960-61.

3. Petitioners further case is that although land was legally and validly purchased but the heirs of recorded tenant filed application for restoration of land under Section 71-A of the Chhotanagpur Tenancy Act in the year 1990, which was registered as SAR case No. 185/1990-91. The said case was contested mainly on the ground of maintainability of the restoratio

































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