Narendra Nath Tiwari, J.: The main point sought to be answered in this appeal is as to whether Dar-raiyati settlement made in the year 1934 without permission of the Deputy Commissioner is violative of Section 46 or any other provisions of Chhotanagpur Tenancy Act (hereinafter to be referred as the “Act”), attracting mischief of Section 71A of the said Act.

2. The appellant claims to have validly possessed land of Revisional Survey Khata No.257, measuring an area of 23.07 acres of village Gotra, P.S. Simdega, District Gumla. The said land of Khata No.257 was recorded as KAIMI in the names of Mana Kharia and Suleman Kharia in the Revisional Survey Record of Rights as tenants in common with note of specific possession of the plots in the remarks column.

3. Mana Kharia was also known as Emmanuel Kharia. He mortgaged the land of his share to Manonit Ekka, mother of the appellant, on 14th March, 1934.

4. Suleman Kharia, another co-tenant, made a Dar-raiyat Settlement in favour of Manonit Ekka in respect of the land, measuring 14.29 acres of Khata No.257 by unregistered deed dated 19th March, 1934.

5. During subsistence of the mortgaged period, Mana Kharia too made Dar-raiyat