JUDGMENT :

Mr. Sureshwar Thakur, J.

The present petition has been filed by the predecessor-in-interest of the petitioner, whereby he had thrown a challenge to the concurrently made orders of eviction, respectively by the learned Assistant Collector concerned, through an order made, on 31.05.1994 (Annexure P-1), and, by the learned Appellate Authority concerned, through an order made on 04.10.1994 (Annexure P-2).

2. Since in the written statement instituted by the petitioner to the eviction petition, he raised a question of title. Consequently, the learned Assistant Collector concerned, through an order made, on 01.01.1993, declared that as a matter of fact, the question of title was involved in the relevant lis, and, resultantly on 01.01.1993, the learned Assistant Collector concerned, after framing the hereinafter extracted issues, thus permitted the litigants to adduce thereons, the apposite evidence.

“1. Whether the land does not vest in the panchayat if not what effect? OPP

2. Whether the land of shamlat was never divided and the petitioners and their forefathers were not remained in possession of the shamlat deh land prior to 26.01.1950? OPP

3. Whether the possession of the petition