This appeal has been preferred against the order dated 25.6.2008 passed in W.P.(C) No. 6340/2002 by which the learned Single Judge had been pleased to dismiss the writ petition and upheld the order passed by the Commissioner, North Chhotanagpur Division, Hazaribagh, holding therein that after the death of the recorded 'Dar-Raiyat', the heirs of the 'Dar Raiyat' will not have the right of cultivation as 'Dar-Raiyat', as there is no such provision under the Chhotanagpur Tenancy Act.

2. In order to make the controversy explicitly clear, it may be noted that the appellants herein are the admitted heirs of 'Under-Raiyat, which is akin to 'Dar-Raiyat', meaning thereby 'Dar-Raiyat' and 'Under Raiyat' are on equal footing. The appellants, after the death of their predecessor, claimed occupancy right and cultivation of land, which admittedly belongs to the Raiyats and their predecessors were cultivating the land as 'Under-Raiyat' but after the death of the 'Under-Raiyat', the legal heirs also claimed the right of cultivation. The contesting respondents, however, opposed it, as a result of which a case was filed by the appellants herein before the Deputy Collector, land Reforms, who deci