BUNBAI CHETIANI AND ANR. Vs. MAHENDRA NATH SAIKIA

JUDGEMENT

(1.) THIS is an application under Section 81 of the Assam Land and Revenue Regulation for setting' aside the sale of lands covered by Patta No. 154 of village Majnara, due to default in payments of" revenue. The sale has Seen challenged on the ground of material irregularity as well as hardship.

(2.) THE irregularity pleaded in this case that the property was put up to sale in violation of Section 74(2) of the Assam Land and Revenue Regulation which lays down that on sale for arrears of payment of revenue shall take place on Sunday or other authorised holiday, or until after the expiration of at least thirty days from the date on which the list of estates has been published under Section 72 of the Regulation.

(3.) ON the point of hardship or the inadequacy of price there is no finding arrived at by the learned Sub -Divisional Officer or the officer who conducted the enquiry on his behalf, but it appears from the report of the enquiring officer that one of the Appellants namely Mt. Sarumai Chetiani is an unmarried girl and lives with her elder sister Mt. Bunbai who had been already married out. The defaulting estate belonged to their mother Mt. Makari who is dead and the present Appellants are her legal heirs. It will undoubtedly be hard at least for Sarumai if she loses the estate, though of course, it was her negligence not to get her name mutated with respect to the land or take pains to inform the moujadar about her whereabouts. Taking into consideration the local conditions, the illiteracy of these village people and the helpless condition of a maiden girl after she loses her parents, I am inclined to stress the point in her favour and hold that there was actual hardship at least for Petitioner No. 2 - -in the sale of this land.