BIRSA URAON Vs. MAHADEO URAON

JUDGEMENT

(1.) The appellant who was the plaintiff in the Court of first instance had brought the suit for a declaration of this title to, and recovery of possession of, two plots of land, 1051 and 1120, comprised in holding No. 78 of village Dublis. The plaintiff alleged that the land in question was recorded in the name of Chunda Uraon, and Chunda Uraon having died without any heir, the landlord took khas possession of the land by virtue of an order of the Deputy Commissioner under Section 73, Chota Nagpur Tenancy Act. Thereafter, the landlord settled the land with the plaintiff. Defendant 1, who was the contesting defendant, alleged that Chunda had died leaving behind him his brother Thurwa and his mother Mt. Karmi. Thurwa was the heir of Chunda Uraon, and the order of the learned Deputy Commissioner under Section 73, Chota Nagpur Tenancy Act, was without jurisdiction, inasmuch as there was no abandonment of the holding by the recorded tenant or his heir.

(2.) The only question which arises for decision in this appeal is if the order of the learned Deputy Commissioner under Section 73, Chota Nagpur Tenancy Act, was without jurisdiction. Under Section 258, Chota Nagpur Tenancy Act, the order of the Deputy Commissioner undor Section 73 of the Act has the force and effect of a decree of a civil Court in a suit between the parties, and is final subject to the provisions of the Chota Nagpur Tenancy Act relating to appeal, except where the order is bad for want of jurisdiction. It appears that When a notice was issued under Section 73(2), Chota Nagpur Tenancy Act, Thurwa appeared before the Deputy Commissioner, and claimed to be the heir of Chunda.

(3.) This claim was not, however, allowed by the learned Deputy Commissioner, who held that Thurwa was not the brother of Chunda. If the aforesaid order or decision of the learned Deputy Commissioner under Section 73(2), Chota Nagpur Tenancy Act, is a good order (that is, an order with jurisdiction), then it is clear that it has the force and effect of a decree of a civil Court, and is final between the parties. In that case, the respondents cannot be allowed to go behind the decision or order of the learned Deputy Commissioner. This seems to me to be the clear effect of Section 258, Chota Nagpur Tenancy Act.