GURUSHARAN SHARMA,J. - (1.) MANI Santhalin, wife of Ghasi Santhal of village Karandi now within Singhbhum East district, filed Title Suit No. 2279 of 1965 against Thura Manjhi and Munna Manjhi, in the court of Munsif, Jamshedpur for declaration of her right, title and interest over the lands, detailed in Schedule A to the plaint, i.e. northern portion of Plot No. 5413, measuring 38 decimals. In the said suit a compromise petition, Annexure 2 was filed on 7.2.19136 admitting her peaceful possession and enjoyment of the suit lane! by defendants adversely and openly for more than twelve years without any interruption from any body and accordingly the suit was disposed of in terms of the compromise.
(2.) AFTER lapse of about twenty -eight years, Mani Santhalia filed a petition for mutation of her name in the Jamabandi running for the land in question in the Register II, the tenants' ledger maintained by the State Government on the basis of the aforesaid compromise decree, which was allowed by the Anchal Adhikari, Jamshedpur, on 16.8.1994, Annexure 4. Sugda Manjhi, respondent no. 5, son of late Thura Manjhi, who was one of the defendants in the aforesaid suit, preferred appeal against the said order of mutation. The Mutation Appeal was dismissed on 26.6.1997 by the Deputy Collector, Land Reforms, Jamshedpur, vide Annexure 6. Thereafter the respondent no. 5 preferred Mutation Revision Case No. 33 of 1997 -98 which was heard and allowed by the Deputy Commissioner, Singhbhum, Jamshedpur on 8.12.1998 vide Annexure 7. It was observed that since the Deputy Commissioner was not made party to the said suit nor any permission was obtained as required under section 46 of the Chotanagpur Tenancy Act, 1908, the prayer made for mutation of Mani Santhalin is rejected and consequently orders passed by the Anchal Adhikari and Deputy Collector, Land Reforms, are set aside.
(3.) MEANWHILE Mani Santhalin died and her son Khela Ram Mardi also died, leaving behind his widow Galo Mardi, who preferred CWJC No. 59 of 1999 (R) in this Court, which was dismissed by the learned Single Judge, by impugned order dated 20.3.2001, mainly on the basis that the Deputy Commissioner was not made party in the 1965 suit and the petition for mutation was filed after twenty -eight years.;