JAGAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the year 1916 the then proprietor of the land in question executed a Khewat and thereby declared that three persons named in the Khewat are the raivats/tenure holders of the land in Question. Revenue records were thereupon prepared and in those the name of the first person was shown with suffix "others". The proprietor who executed the Khewat acquired the title of the land in question by reason of a family partition effected prior to the date of execution of the Khewat. Page 0055

(2.) SUBSEQUENTLY when register of land was prepared under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, it was shown therein that the son of the proprietor of the land is the raiyate of the land in question, i.e. acquired right to hold the same.

(3.) IN the revision application the respondent No. 16 in the writ petition and the appellant No. 2 in this appeal, being the heir of one of those two persons named in the Khewat, made an application for being added as a party to the said revision application. That application was rejected with the observation that it shall be open to the said appellant to approach the revisonal authority, if and when occasion therefor will arise.