- (1.) ADMITTEDLY in the Record of Rights, finally published in the year 1930 names of the appellants ancestors stood recorded as raiyats for the land in question, comprising of an area of 7.15 acres, consisting of Plot Nos. 217, 218, 219, 220 and 292, situated in village Achudih, District Ranchi.
(2.) IN the year 1970, the recorded tenants, namely, Lohra Oraon and Chhotu Oraon filed S.A.R, Case No. 37 of 1970 -71, under Section 71 -A of the Chotnagpur Tenancy Act, 1908 (hereinafter to be referred to as 'the Act ') for restoration of possession, against Bilia Devi and Phutki Devi, which was dismissed by the Special Officer, S.A.R. Khunti on 23.9.1974 and the said order became final, as neither any appeal nor revision under the said Act was preferred against the said order. After a lapse of 17 years thereafter, the appellant No. 2, who is none -else but son of the aforesaid recorded tenant, Lohra Oraon along with appellants Sanichar Oraon filed a fresh application, purporting to be under Section 71 -A of the Act, which was registered as Case No. 96 of 1991, before the Special Officer S.A.R Khunti and was allowed on 24.4.1991. S.A.R. Appeal No. 3 of 1990 -91 filed by the respondents No. 3 to 7 was also dismissed on 25.9.1993.
(3.) HOWEVER , the revision filed before the Commissioner by the respondents 3 to 7, being Revision No. 477 of 1993 was allowed on 16.3.1999 and both the original as well as the appellate orders aforesaid were set aside solely on the ground that the claim of restoration purported to have been filed under Section 71 -A of the Act was barred by the principle of res -judicata.;