Patna Court August 1984 Judgments

Deonarayan Singh and ors. Vs. Commissioner of Bhagalpur Division and o ...

Court: Patna

Reported in: AIR1985Pat196; 1985(33)BLJR185

S.S. Sandha Walia, C.J.1. Whether the prescriptive period of twelve years for perfecting the title by adverse possession (the original transfer being in contravention of Section 27 of Regulation 3 of 1872} would stop running from the 1st of Nov. 1949, being the date of the enforcement of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949-- is the significant solitary question arising from a deep-seated conflict of precedents within this Court which has necessitated this reference to the Full Bench.2. The facts deserve notice within the narrow confines of their relevance to the issue aforesaid. The whole dispute focusses on Jamabandi No. 65 of Mouza Billi, police station Madhupur, which is recorded as Mulraiyat-ka jote in the name of Sitaram Singh 8 annas Mulraiyat of the said Mouza and Jaleshwar Singh, Yudhisthir Singh and Kesturi Devi. The plot stands recorded in the names of different co-sharers. By a sale deed dt. 22nd March, 1939, 38.09 acres of land were sold to one...