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2010 Supreme(Jhk) 200

D.N.PATEL
Hanukh Bhengra @ Hanok Bhengra – Appellant
Versus
State of Jharkhand through the Commissioner, South Chotanagpur Division, Ranchi – Respondent


Advocates Appeared:
For the Petitioner Mr. Ashutosh Anand.
For the Respondent State -: J.C. to S.C. (L&C).

Order

I have heard learned counsel for the petitioners at length, who has submitted that the petitioners and their predecessors in title are in possession of the property since 1933 onwards. It is also submitted by learned counsel for the petitioners that the petitioners are also paying rent to the respondent-State. Rent receipts have also been presented before the authority below, but, no care has been taken by the subordinate authority to check that there are rent receipts prior to 1990 also and subsequent to 1990 also and factually wrong statement has been made in the impugned orders that there are no 'rent receipts prior to 1990. Likewise, there is a registered sale deed in favour of the ancestor of the present petitioners. The registered sale deed is dated 5th July, 1933 bearing sale deed no. 282. This aspect of the matter has not been properly appreciated by the authority below and the registered sale deed is declared as false and fabricated document. Revenue Officer has no power, jurisdiction and authority to decide the legality of the register documents. They have no authority to held that the, registered sale deed is a fabricated document. Only Civil Court has such powers a






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