M.Y.EQBAL, J. - (1.) THE plaintiff is the appellant. This appeal is against the judgment and decree dated 26.5.1990 passed by the Additional Judicial Commissioner, Ranchi in Title Appeal No. 17 of 1989 whereby he has affirmed the judgment and decree dated 9.2.1989 passed by VIth Additional Sub -Judge, Ranchi in title suit No. 11/89 dismissing the suit as not maintainable.
(2.) IT appears that a proceeding under Sec. 4(h) of the Bihar Land Reforms Act, 1950 (in short the 'the said Act') was initiated against the appellant by the Collector after annulling the transfer on the ground, inter alia, that the appellant came in possession of the land by virtue of transfer and/or settlement which took place after January, 1946 which is the cut off date under the aforesaid provision. The said proceeding under Sec. 4(h) of the Act was finally decided against the appellant and the said order was affirmed in appeal filed by the appellant before the statutory forum provided under the said Act. The plaintiff -appellant, thereafter, filed a suit for declaration of title and also for 16/a 5/2declaration 014 Page 15 that the order passed under Sec. 4(h) of the Act was without jurisdiction. After institution of the suit the office gave a note that the suit is not maintainable under the provisions of Sec. 35 of the said Act. The trial Court, therefore, after hearing the plaintiff - appellant, dismissed the suit as not maintainable in view of the provisions of Sec. 35 of the said Act. The appellant then preferred appeal before the Judicial Commissioner, Ranchi who, in turn, dismissed the appeal and affirmed the order passed by the trial Court. Hence this second appeal.
(3.) FROM perusal of the plaint of title suit No. 11/89 it appears that the following reliefs were sought for by the plaintiff - appellant: (i) that on adjudication of the plaintiffs right, title and interest the suit may be decreed or in the alternative, if Amit Ambar Kachhap Versus Union Of India possession is not found, then delivery of possession be given through the process of the Court. (ii) That the plaintiff prays to set aside Sec. 4(h) proceeding i.e. the order dated 28.11.1985 passed by the Additional Collector in Misc. case No. 2/69 -70. (iii) To confirm the possession of the plaintiff over the suit land and, in the alternative, if the plaintiff is not found in possession then delivery of possession be given to the plaintiff through the process of the Court. (iv) To grant ad interim injunction restraining the defendants from taking delivery of possession from case No. 2/69 -70 which is. pending before the Circle Officer, Ratu till the decision of the suit. ;