KAILASI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE revisional order contained in Annexure -3 dated 31.3.1989 passed by the Joint Director Consolidation (Muzaffarpur -Patna) is under challenge in the present writ application. By virtue of this order the revisional court has set aside the appellate order dated 4.4.1988 and has also upheld the order of Consolidation Officer contained in Annexure -1.

(2.) The main thrust of the submission based on the averments which has been made in the present writ application on behalf of the petitioner is that the Joint Director, Consolidation while exercising his power of revision under the Act has exceeded his jurisdiction. He submits that it does not fall within his domain to declare that the registered gift of deed dated 13.3.1982 executed in favour of present petitioner as void. The right of this petitioner cannot be nullified or washed away by revisional authority by putting a question mark on the authenticity of the same. According to petitioner if the gift deed in question was forged and fabricated document then the appropriate remedy for the respondent would be a civil court and not the revisional court under the Consolidation Act.

(3.) SOME basic fact must be taken note of in the present writ application. Certain lands in question stood recorded in the R.S. Khatiyan in the name of one Inder Bhagat. The total area recorded measures 10.47 acres out of which 3.35 acres was gifted to petitioner Kailashi Devi by a registered deed dated 13.3.1982. The said Kailashi Devi is the daughter -in -law of Inder Bhagat. Inder Bhagat had two sons, Thaga Bhagat and Shankar Bhagat. It is stated that Thaga Bhagat has died leaving behind his two sons, Tribhuwan Bhagat and Jailal Bhagat. Petitioner Kailashi Devi is the wife of Shanker Bhagat. There is supposed to be a partition amongst Thaga Bhagat and Shanker Bhagat and they got separate right of their lands after partition. Inder Bhagat used to live separately from his son Shanker Mahto. Since Kailashi Devi took care of Inder Bhagat he gifted her a part of the land measuring 3.35 acres by a registered deed dated 13.3.1982. This deed of gift become the bone of contention and litigations in question were started from very initial stage. It may also be taken note that a criminal case was also filed against petitioner for the same said of gift deed saying that petitioner was responsible for forging and creating a gift deed. Petitioner was put on trial and was finally acquitted by order dated 6.6.1991 passed by Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. 235 of 1982/T.R. No. 1994 of 1996.