AIR 1987 PATNA 167 ::1987 BLT (Rep) 131 ::(1987) BLJ 217 ::1987 BBCJ 201 ::(1987) Pat LJR 354

Patna High Court

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

Chhota Nagpur Tenancy Act (6 of 1908) , — Bihar and Orissa Act (6 of 1920) , S.84, S.87, S.92, S.139A, S.258— Civil suit for declaration of title confirmation of possession challenging entries in revenue records - Maintainable notwithstanding insertion of Cl.(ee) in S.87(1) by Amendment Act (Civil P.C. (1908), S.9). F.A. 215 of 1977 (R) D/-2-3-1984 (Pat), Overruled. A civil suit for declaration of title and confirmation of possession and, inter alia, challenging the entries in the revenue record would still be maintainable even after the insertion of Cl.(ee) in S.87(1), Chotanagpur Tenancy Act, 1908. AIR 1936 Pat 611 Affirmed. F.A. 215 of 1977(R), D/-2-3-1984 (Pat) Overruled. F.A. 43 of 1968 (R), D/-11-7-1979 (Pat) Distinguished.(Para 21) S.87(1) undoubtedly permits a suit to be instituted before a Revenue Officer within the narrow period of limitation of three months from the date of the certificate of final publication of the record of rights, for @page-Pat168 deciding any dispute regarding any entry which a Revenue Officer has made or omitted from such records. The provision further clarifies that such a suit would lie whether such dispute be with regard to the wide ranging matters specified in cls. (a) to (f) and including the newly inserted Cl.(ee). What, however, is very signif....