M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) REFERENCE may be made to the order dated 25.4.2002, which reads as under : - - "A counter affidavit has been filed by respondent Nos. 1 to 5, which was sworn by one Rajendra Prasad. Assistant Engineer. National Highway Sub -Division No. 2. Chas, Bokaro. 2. In para 6 of the counter affidavit, it is stated that plot No. 436, which is a disputed plot is Gairmazurwa Khas land and the nature of land is "Darkha tan Sakhoo Baksarat". Learned JC to GP 2 is not in a position to explain the meaning of the word used in the said paragraph. It further appears that the averments made in the counter affidavit is not supported by any documentary evidence. I, therefore, direct Mr. Rajendra Prasad to appear in court on 6th May, 2002. The Circle Officer, Kasmar, Bokaro is also directed to produce the Khatiyan and Register -II and tenant ledger on the date fixed. 3. Put up this case on 6th May, 2002. Let a copy of this order be handed over to JC to GP 2." Pursuant to the aforesaid order the Assistant Engineer filed affidavit and the Circle Officer, Kasmar, Bokaro appeared in Court and produced the original Register II and the record of Khatiyan.
(3.) FROM perusal of a Khatiyan, it appears that the name of Ali Imam was entered as a raiyat and also finds place in Register II in respect of the plot in question.;