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Chinta Devi & Ors. Vs. Jang Bahadur Singh (Dead) by LRS. & ANR [2008] INSC 1163 (17 July 2008)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5945 OF 2000 CHINTA DEVI & ORS. .....APPELLANT(S) VERSUS 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.

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