JUMNYA ETE Vs. JUMBE ETE

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned senior counsel, assisted by Mr. Tonning Pertin, learned Counsel, for the petitioner. Also heard Mr. K. Jini, learned Counsel, for the respondents.

(2.) This revision petition Filed under Section 50 of Assam Frontier (Administration of Justice) Regulation, 1945, (hereinafter referred to as 'Regulation' in short), read with Section 115 of Code of Civil Procedure, 1908 and Article 226 of Constitution of India, is directed against the impugned order dated 25.06.2009 passed by the Additional District and Sessions Judge, Fast Track Court, Basar, West Siang District, Aalo, in BSR/TS-45/07 upholding the decision of Circle/District Level Keba dated 23.09.2003.

(3.) The facts relevant: for the purpose of adjudication of this revision petition, to be stated, in brief, arc that, Binjum Ete, husband of Smti. Jumbe Ete (herein respondent No. 1) and father of petitioner as well as respondent No. 2, died on 31.08.1998. He acquired both movable and immovable properties during his lifetime. The last rites of Late Binjum Ete were performed by the petitioner and respondents jointly as per the custom and tradition of Onto Tribe of Arunachal Pradesh. The present dispute pertains to a commercial plot of land located at New Market, Aalo, which, as claimed by the petitioner, was given to him. Late Binjum Ete also acquired one SPT Building near the R.K. Mission Hospital, Aalo, which was given to the petitioner's elder brother (herein respondent No. 2). The said arrangement was done by a verbal distribution in presence of their mother, respondent No. 1, who executed an affidavit before the court of Judicial Magistrate, Aalo, bequeathing the aforesaid commercial plot of land to the petitioner on 11.06.1999. The matter was known to Smti. Jumbi Ete(Angu), the eldest sister of petitioner and respondent No. 2. On the basis of the said verbal distribution made by Late Binjum Ete and the deed of gift/affidavit executed by respondent No. 1, the petitioner submitted an application to the Deputy Commissioner, Aalo, for transfer of ownership of the land measuring 353.76 sq. mtrs. covered by Plot No. 81 in his favour. The said application was forwarded by the Deputy Commissioner, Aalo, to the Director of Land Records, Government of Arunachal Pradesh, Itanagar, by letter dated 15.11.2009. On receipt, of approval from the Director of Land Records, Itanagar, the Deputy Commissioner, Aalo, issued land allotment order against the said land in favour of the petitioner vide order dated 29.09.2000. On getting the allotment order, the petitioner constructed one SPT Building consisting of 12 rooms for rental purpose. With regard to such construction, there was no claim or counter-claim, whatsoever, from either respondent No. 1 or respondent No. 2 till the year 2003 and the petitioner was paying a sum of Rs. 1000/-(Rupees One Thousand) to his mother(respondent No. 1) for her monthly needs. The present dispute arose sometime in the month of August, 2003, when petitioner's mother(respondent No. 1) claimed back the said SPT Building constructed by the petitioner and proposed to transfer the said Building in the name of her grand son Mst. Duli Ete, S/o respondent No. 2. Then respondent No. 2 called a Keba on 03,08.2003 at Darek village which was attended by all Gaon Buras, village elders, respondent No. 2 and the present petitioner. In the said Keba, respondent No. 1, Smti, Jumbe Ete, complained that none of her two sons are looking after her adequately and the properties acquired by her and her late husband Binjum Ete were being used without her consent. The Keba unanimously passed 3 decisions, relevant among them, are decisions No. 1 and 3, which are extracted below for better appreciation: