OSON RUKBO Vs. OKONG TABING

JUDGEMENT

(1.) Heard Mr. T.Pertin, learned counsel for the petitioners. Also, heard Mr. T. Taki, learned counsel for the respondent.

(2.) This is an application filed under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 and Section 115 read with Section 151 of the Code of Civil Procedure, 1908 challenging the legality and validity of the Judgement and Order dated 30.01.2019 passed by the Deputy Commissioner, Pasighat, East Siang District in Civil Dispute No. HT-23/88/99/2000-2001.

(3.) The petitioners have been occupying their land for more than 50 years. In the year 1998, the respondent started to stake claim over the land occupied by the petitioners. The respondent reportedly staked his claim on the basis of a Keba decision dated 21.02.1987, wherein, the brother of the respondent and Rukbo clan were parties. It is alleged by the petitioners that the respondent even damaged their bamboo plantation. The petitioners filed many complaints before the Deputy Commissioner, Pasighat and many kebangs were held. All the kebang decisions since the year 2000 went in support of the respondent, which caused the petitioners to file appeal before the Deputy Commissioner. On 20.03.2001 and 29.05.2012, the Deputy Commissioner passed two appellate judgments, which also went in favour of the respondent. The petitioners also filed Civil Revision Petition before this Court and both the aforesaid two judgments of the Deputy Commissioner were set aside and the matter was remanded to the Trial Court again for fresh disposal. On 24.10.2017, the Deputy Commissioner, Pasighat heard the appeal afresh and on 30.01.2019, passed the impugned judgment dismissing the appeal of the petitioners. The petitioners have claimed that the Deputy Commissioner had passed the aforesaid impugned judgment without physical verification of the land in question. It is further alleged that the Deputy Commissioner also examined some persons who are not at all associated with the disputed land. Therefore, the present petition has been filed.