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2023 Supreme(Jhk) 1100

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Birendra Singh S/o Matuki Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Aprajita Bhardwaj, Sushant Kumar Sinha.
For the Respondents: Rakesh Kumar Shahi, Chandana Kumari.

JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Against the writ Court’s order dated 08th March 2022, the appellant who was one of the writ petitioners has filed the present Letters Patent Appeal.

2. Briefly stated, the lands comprised under Plot No. 214 appertaining to Khata No. 1 in village Nawadih within PO and PS Itkhori in the district of Chatra were recorded in the cadastral survey record of rights in the name of Khirodhar Singh and Charan Singh under the Raja of Padma. Khirodhar Singh being the elder brother was acting as karta of the joint family paid rent to the ex-landlord and, later on, to Rani Rishinath Kunwar after the death of the Raja of Padma. For the reason that Khirodhar Singh made defaults in the payment of rent, a rent suit was instituted by Rani Rishinath Kunwar claiming arrears of rent and the said suit was decreed in her favor. Pursuant thereto, Execution Case No. 20 of 1920-21 was instituted in the Court of the Deputy Commissioner at Hazaribagh and the subject properties were sold in auction and a certificate of sale was granted on 11th September 1920. By virtue of the auction sale, Rani Rishinath Kunwar became full owner of the subject lands and consequently the subjec

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