1990 (11) TMI 100

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....on 6(1) of the Act, with respect to the following items of properties : Immovable properties : Landed property at village Rajwahl District--Gopalganj, Bihar --------------------------------------------------------------------------------------------------------------------------------------------------- Khata No. Khasra No. Area Estimated value Bigha Katha Dhur --------------------------------------------------- Rs. 127 202 0 2 14 10,000 885 0 3 7 1142 0 2 16 788 0 0 5 1/2 --------------------------------------------------- Total 0 9 42 1/2 --------------------------------------------------- (ii) Land purchased in the name of his wife, Smt. Tetari Devi, as per deed No. 15002 dated September....

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....acquire it. The approach of the learned Competent Authority is erroneous. As stated earlier, this land is not at present shown in the name of the appellant in the revenue records. The party in whose name the land stands in the revenue records is either the forefather of the appellant or a stranger to him. If that party is the forefather of the appellant, then it is understood that it came into the hands of the appellant by way of inheritance. In the event the recorded owner is a stranger to the appellant, the Competent Authority has no jurisdiction to forfeit the same in the hands of the appellant as it belongs to a stranger. Now remains the admission of the appellant that this land belongs to him. With this admission he has also added t....

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....6(2) of the Act. Section 6 (2) of the Act reads : " Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person." It is clear from the text and tenor of section 6(2) reproduced above that it was obligatory on the Competent Authority to have served a copy of the notice issued to the appellant under section 6(1) to his wife as well before recording an effective finding binding on her. As it was not done, the finding of the learned Competent Authority on this point cannot be upheld. The movable properties consist of two items, namely, a cow worth Rs. 2,000 and the retail kirana business being ca....