JUDGMENT:

The present writ petition has been preferred for issuance of an appropriate writ,order or direction for quashing the order dated 31.10.2006 passed by Divisional-Commissioner,Santhal Pargana-Dumka in Revenue Misc. Revision No. 67 of 2004-05 passed in Revenue Misc. Appeal No. 61 of 2004-05 passed by Deputy Commissioner-Deoghar against the order dated 13.8.2004 passed by Sub-Divisional Officer,Deoghar, evicting the petitioners under Section-42 of the Santhal Pargana Tenancy(Supplementary Provision)Act,1949 on the basis of petition filed by rsp-Lilawati Devi,from mauza-Pachaiya Kothi, Thana-Deoghar, Plot No. 922, area 2.70 acres in which petitioners have constructed their house and thus on the basis of application filed by Lilawati Devi under Section 42 of the Santhal pargana Tenancy(Supplementary Provision)Act,1949, the Courts below wrongly passed the order of eviction and pursuant thereto the Sub-Divisional Officer,Deoghar has issued eviction warrant on 13.2.2007 directing the petitioners to remove the same within a fortnight without considering the fact that earlier husband of the Lilawati Devi namely,Maru Mahto had filed Title Suit No. 33 of 1967 in the court of Shri