M.Y.EQBAL, J. - (1.) IN these two writ petitions, since common questions of law and facts are involved, they have been heard together and disposed of by this common judgment.
(2.) THESE writ petitions are directed against the common order, dated 4.4.2000 passed by the Commissioner, South Chotanagpur Division, Ranchi in S.A.R. Revision Nos. 172, 173 and 182 of 1998, whereby revisions filed by the petitioners have been dismissed and orders passed by the Special Officer, Scheduled Areas Regulation under Sec. 71 -A of the C.N.T. Act and the orders passed by the Additional Collector in appeals filed by the petitioners have been affirmed. The brief facts of the case are that the land of Khata No. 135 situated at village Gari was held and possessed by Sanicharwa Oraon and Bhokre Oraon as recorded Raiyats. In 1941, the recorded Raiyats applied before the Deputy Commissioner under Sec. 49 of the Chotanagpur Tenancy Act (in short the Act), seeking permission to transfer the land in favour of Bibi Taiba Khatoon. The Deputy Commissioner, vide order, dated 17.7.1941 accorded permission for transfer of the land in question. The ex -landlord then preferred appeal before the Commissioner, South Chhotanagpur Division, Ranchi being Revenue Appeals No. 1058 of 1941 which was dismissed and order was passed for filing draft agreement which was approved on 18.02.1942. The said draft agreement of transfer was finally registered and the land in question was sold in favour of the petitioners and a registered sale -deed was executed on 17.03.1942 and the transferee was put in possession of the said land.
(3.) PETITIONERS ' further case is that in the year 1949 the disputed land was converted into chhaparbandi land by virtue of registered document, entered into by and between the ex -landlord and the transferee, namely, Taiba Khatoon. It is contended that Taiba Khatoon said to have continuously exercised right, title, interest and possession over the land in question and in the year 1975 she sold it to one Madhusudan Choudhary. The said Madhusudan Choudhary after exercising all right, title, interest and possession of the land till 1981, sold it in favour of the present petitioners.;