- (1.) One late Ananta Santhai (father of Respondent No. 6) filed an application under Section 71A of the Chota Nagpur Tenancy Act (hereinafter referred to as 'the Act') before the Land Reform Deputy Collector, Ghatshila for restoration of his possession over raiyati land bearing Thana No. 658, Khata No. 98, Plot No. 307 measuring 0.07 decimals situated in Mouza Khandamouda under Bahragora Police Station, East Singhbhum on the plea that the land had been transferred to this Petitioner in violation of the provision as contained in Section 46 of the Act.
(2.) The Petitioner on receiving notice submitted show cause stating therein that the Petitioner and his ancestor are in possession of the land by constructing house over there since more than 30 years and that in the last survey settlement operation held in the year 1964, the nature of the land in question has been recorded as "Makan and Sahan". However in the record of right of the year 1964, a wrong entry was made in the name of Karan Santhal (father of Respondent No. 6). On finding entry being wrongly recorded, said Karan Santhal executed a deed of disclaim dated 19.11.1969 in favour of the Petitioner wherein right, title and interest and also the possession of the Petitioner and his ancestor over the land in question over which house was constructed was admitted.
(3.) It was also stated in the show cause that in the year 1968-70, a house existing from before was renovated whereby considerable amount was invested and that the Petitioner has been paying rent to the State of Bihar and even the house in question has been let out to the tenants. Thus, it was pleaded that there has been absolutely no contravention of the provision as contained in Section 47 of the Act and as such, an application filed under Section 71A of the Act is not maintainable for the simple reason that the land in question is a homestead land.;