1. Heard learned Counsel for the parties.

2. The order dated 21.06.2004, passed in C.W.J.C. No. 2648 of 2000 with C.WJ.C. No. 1500 of 2000, by learned Single Judge is under challenge in this appeal.

3. The facts in brief are that Sanicharwa Oraon and Bhokre Oraon were the recorded Raiyats with regard to the land of Khata No. 135 situated in village Gari. In 1941 they applied to the Deputy Commissioner, seeking permission to transfer the said land in favour of one Bibi Taiba Khatoon as envisaged under Section 49 of the Chhotanagpur Tenancy Act which was accorded by the Deputy Commissioner under order dated 17.07.1941. The appeal filed against the said order of the Deputy Commissioner before the Commissioner was dismissed and thereafter, the draft agreement for transfer of the land was agreed on 18.02.1942. Subsequently, the sale deed was executed and registered on 17.03.1942 and the transferee came in possession thereof.

4. In 1949, the nature of the disputed land was changed and converted into Chapparbandi by virtue of the registered document and with permission of the competent authority. In 1975, Bibi Taiba Khatoon sold the land to one Madhusudan Choudhary who, in his turn,