D.N. Patel, J.

[I.A. No. 5932 of 2015]

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condonaton of delay of 1212 days in preferring the instant Letters Patent Appeal.

2. Having heard counsel for both the sides and looking to the reasons stated in the interlocutory application, especially in paragraph No.4, there are reasonable reasons for condonation of delay of 1212 days in preferring the Letters Patent Appeal.

3. We, therefore, condone the delay in preferring in the Letters Patent Appeal with cost of Rs.5000/-. This amount will be deposited by the appellants before the Jharkhand State Legal Services Authority, Nyay Sadan, Doranda, Ranchi, within a period of eight weeks from today. This amount shall be utilised for “Access to Justice” programme. Copy of this order will be sent by Registrar General of this Court, to the Member Secretary, Jharkhand Legal Services Authority, Ranchi.

4. I.A. No. 5932 of 2015 is allowed and disposed of.

[L.P.A. No. 620 of 2015]

5. This Letters Patent Appeal has been preferred by the State of Jharkhand, who is respondent No.1 in the writ petition bearing WP(C) No. 1027 of 2008. The writ petition was allowed by the learned Single Judge vide order dated 27.04.2012 and hence, the present Letters Patent Appeal has been preferred by the State of Jharkhand, who is the original respondent No.1.

6. FACTUAL MATRIX

There are five chunks of land, in question, which are Plot/Khesra No.43, measuring 3.40 Acres, Plot/Khesra No.43, measuring 1.29 Acres, Plot/Khesra No.43, measuring 4.23 Acres, Plot/Khesra No.43, measuring 2.86 Acres and Plot/Khesra No.43/1, measuring 0.70 Acres & Plot/Khesra No.44/1, measuring 0.11 Acres, Total 12.59 Acres (55396 Sq. Meters), pertaining to Khata No. 176 within Mouza-Hehal, Town and District-Ranchi, as narrated in Annexure-1 to the memo of this Letters Patent Appeal, which is the order passed by the Deputy Commissioner, Ranchi. This narration has also been mentioned in para-2(a) of the memo of Letters Patent Appeal.

Aforesaid five lands are disputed in this Letters Patent Appeal, which was originally owned by Shri Arun Nath Sahdeo. This original landlord has expired, as submitted by the counsel for the respondents. Shri Arun Nath Sahdeo was having two sons, namely, Deepak and Dilip.

Out of two sons of Shri Arun Nath Sahdeo, Deepak has also expired and the so-called wife of this Deepak, namely, Nameeta Nath Sahdeo, whose name was never mutated in the revenue records and though her exclusive ownership was in belligerent stage, respondents ventured to purchase all the aforesaid five lands, at their own peril and risk, from the so-called wife of Deepak, namely, Nameeta Nath Sahdeo. This is a bone of contention between the parties.

The respondents are belonging to Ranchi city, within the State of Jharkhand and the lands were situated in the capital city of State of Jharkhand and despite the amendment by Bihar Amendment Act, 1991 in Indian Registration Act, 1908, especially under Section 30 thereof, which is pertaining to the place of registration, deliberately and with an ulterior motive, the so-called sale deeds from the seller – Nameeta Nath Sahdeo, who is not even the owner of the property at all, were registered at Bombay.

Second branch of Arun Nath Sahdeo is Dilip, whose wife Smt. Rupa Nath Sahdeo has lot of grievances about the so-called sale deeds. Similarly, son of Dilip has also several grievances against the so-called sale deeds entered into between Nameeta Nath Sahdeo and the respondents (original petitioners), for which, five suits are pending in the Civil Court at Ranchi. Thus, ownership of Nameeta Nath Sahdeo, for all the five plots is in dispute. Despite these facts, she has sold away all the five plots to the respondents. Nobody can pass better title than what he/she is having.

Be that as it may, application was preferred in the year 2005, after the purchase of the property in the year 2000 by the respondents (original petitione