- (1.) THE present appeal arises out of the order passed under provisions of Bihar Public Land Encroachment Act, 1956 .
(2.) ADMITTEDLY , Plot Nos. 1058 and 1139 having total area of 17.99 acres stood recorded in the Khatiyan as Gair Abad Malik, Chandra Mohan Singh of Nagarkiyari estate was the landlord thereof. In respect of the said milkiyat, Title Suit No. 450 of 1934 was pending wherein one Hemendra Chandra Mallik, Advocate was appointed Receiver. It is said that during pendency of the said suit, after obtaining necessary permission of the Court, the said Receiver on 7.12.1944, executed a registered permanent lease -patta and made raiyati settlement of those Gair Abad Malik lands in favour of one Bhagwati Prasad Khaitan, whose name was mutated on 14.3.1945 as raiyat thereof.
(3.) BY virtue of the aforesaid settlement, nature of the land changed from Gair Abad Malik to raiyati. Consequently, the said land did not vest into the State Government, under the provisions of the Bihar Land Reforms Act, 1950.;