S.J.MUKHOPADHAYA, J. - (1.) THE dispute in this case relates to land, measuring 2.22 Acres of Plots No. 922 and 930 under Khata No. 82 of Vil -lage -Patratu. Police Station -Kisko, Lohardaga. Respondents No. 5 to 7 filed application under Section 71A of Chotanagpur Tenancy Act. 1908 - -C.N.T. Act for short - -for restoration of land in question, which was registered as S.A.R. Case No. 5/94 -95. It was allowed in their favour vide order dated 1st February, 1996 by the Land Reforms Deputy Collector, Lohardaga. S.A.R. Appeal No. 10R 15/96 -97, as was preferred by the petitioners, was also dismissed by order dated 21st July. 1997. passed by the Additional Collector. Lohardaga. Thereafter, the Revenue Revision No. 45 of 1998 was preferred by the petitioners, which was also dismissed vide order dated 6th September, 1999, passed by the Commissioner, South Chotanagpur Division, Ranchi. All the aforesaid three orders have been challenged by the petitioners on the ground that the petition for restoration under Section 71A of the C.N.T. Act was not maintainable and the orders have been passed on wrong presumption of law.
(2.) THE brief facts of the case are that one Ropni Grain was the raiyat, who by registered deed of surrender dated 21st January, 1938 surrendered the total land of Khata No. 82 to the then landlord. The then landlord, thereafter, settled the land having Revisional Survey Plot Nos. 922, 930, 892, 884. 932 besides other lands out of the aforesaid Khata No. 82 and also the land of Khata No. 63 to one Syed Zahiruddin by registered deed of raiyati settlement dated 1st February, 1938. Respondent No. 5 Marwari Oraon also took raiyati settlement of some of the lands of Khata No. 82 from the then landlord by a registered deed of settlement dated 1st February. 1938. The aforesaid Syed Zahiruddin after settlement came in cultivating possession of the land, paid rent to the then landlord and after vesting of estates, paid rent to the State of Bihar. He transferred, the land of Khata No. 82 by a registered deed of Balmukasha dated 17th July, 1962 to his wife Bibi Sohago in lieu of Den Mohars. said Bibi Sohago. thereafter, paid rent to the State of Bihar.
(3.) BIBI Sohago later on, sold the land of Plot No. 930 under Khata No. 82 to Bifana Bhagtain, wife of petitioner No. 1 by two registered sale deeds dated 11th April, 1984. It followed by transfer of Plot No. 922 under Khata No. 82. made by Bibi Sohago in favour of Sukra oraon, father of petitioners No. 2 to 6. by virtue of a registered sale deed dated 28th June, 1984.;