Supreme Court of India

Chinta Devi & Ors vs Jang Bahadur Singh (Dead) By Lrs. & … on 17 July, 2008

Supreme Court of India
Chinta Devi & Ors vs Jang Bahadur Singh (Dead) By Lrs. & … on 17 July, 2008
Bench: Tarun Chatterjee, Aftab Alam
                                           IN THE SUPREME COURT OF INDIA
                       CIVIL APPELLATE JURISDICTION
                                CIVIL APPEAL NO.5945 OF 2000


CHINTA DEVI & ORS.                                .....APPELLANT(S)

                             VERSUS


JANG BAHADUR SINGH (DEAD) BY LRS. & ANR.                               ....RESPONDENT(S)


                             O R D E R

In spite of service of notice upon the respondents, no one has entered appearance on

behalf of the respondents.

We have heard learned counsel for the appellants and perused the impugned

judgment dt.23.03.1998 in L.P.A.No.732 of 1996 passed by the High Court of Patna. The High Court

has given liberty to the appellants to approach the competent authority under Section 48 D of the

Bihar Tenency Act, 1885. Such liberty being given by the High Court to the appellants, we do not

find any ground to interfere with the impugned order. However, it will be open to the appellants to

apply before the competent authority under Section 48 D of the Bihar Tenency Act, 1885. If such

an approach is made, the competent authority shall decide the same in accordance with law without

being influenced by the findings of the High Court and the appellate court.

The appeal is disposed of accordingly. There shall be no order as to costs.

………………………..J.

( TARUN CHATTERJEE )

………………………..J.

( AFTAB ALAM )
NEW DELHI;

JULY 17, 2008.