AIR 1985 PATNA 352 ::(1985) BLJ 557 ::(1985) Pat LJR 782

Patna High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND S. Roy, U. P. Singh , JJ

(A) Chhota Nagpur Tenancy Act (6 of 1908) , S.71A— 'Transfer' - Surrender of raiyati right - It is transfer. AIR 1917 Patna 103, 1980 BLT (Rep) 35 and AIR 1924 Patna 793 (2) Overruled. On the larger purpose of the statute, and the language of S.71A, a surrender by a Scheduled Tribe raiyat of his statutory right to hold land would amount to a transfer within the meaning of the said section of the Act.(Para 16) A surrender by a Scheduled Tribe raiyat directly coupled with the subsequent settlement of such land by the landlord would be a transfer within the ambit of S.71A of the Act. AIR 1917 Pat 103, (B) Constitution of India , Art.226— Writ Petition - Procedure - Evidence cannot be appraised or appreciated afresh in writ petition. It is not within the province of the Writ Court to convert itself into a court of first instance or an appellate forum for appraising and appreciating evidence afresh on findings of fact which stand concluded by forums having jurisdiction over the matter. The appreciation of evidence is normally beyond the scope of the Writ Court. AIR 1985 Pat 129 (FB) Rel. on.(Para 5) .....