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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Md. Ali Hassan – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. restoration application under section 71a of cnt act. (Para 1 , 2) |
| 2. arguments against the restoration application. (Para 3 , 4 , 5 , 6) |
| 3. court's reasoning on delay and res judicata. (Para 8 , 9 , 10) |
| 4. writ petition allowed; impugned order set aside. (Para 11) |
JUDGMENT :
Gautam Kumar Choudhary, J.
1. Writ Petition is preferred to quash the order of restoration under Section 71A of the C.N.T. Act. Restoration order passed by in SAR Case-1/87 has been affirmed in appeal and revision.
2. As per the case of the petitioner, the land appertaining to Khata No. 103, Plot Nos. 1466, 1467 and 1468, P.S. Kuru, Dist.-Ranchi (now Lohardaga) was purchased by the petitioners by two registered deeds of sale executed on 20.01.1959 by Parmeshwar Sahu. His father Dasrath Sahu had acquired title over the land by auction purchase in 1936 in Rent Execution Case No. 2061/1935- 36. After the said purchase, the land was mutated in the name of the Petitioners and rent is being paid.
3. It is argued by the learned counsel on behalf of the Petitioners that instant restoration case is barred by res judiciata as Deothan Oraon, father of respondent nos. 5 to 8, had preferred SAR Case No. 22/1974-
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