SARDAR AMARJIT SINGH Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order dated 12.08.2003, passed by the Assam Board of Revenue in Case No. 9 RA(J)/2002 and also the order dated 12.11.2007, passed by the Additional Deputy Commissioner, Jorhat in Misc. Case No. 11/1998. The matter pertains to partition of the particular property as per the decree of the Civil Court determining the respective shares of the petitioner and the respondent No. 3 in equal shares. According to the petitioner, he has been deprived of 50% of the suit land (17 Bigha 12 Katha 14 Lecha). It is the claim of the petitioner that he has been given only 2 Katha 16 Lecha of land and the rest of his share of land has been adjusted against the claim of the respondent No. 3 to the movable properties which according to the petitioner is in clear violation of Section 54 and Order XX, Rule 18(1) of the CPC. The facts involved in the case are as follows: - -

(2.) THE suit for partition was instituted in the Court of learned Assistant District Judge, Jorhat being T.S. No. 68/77. The prayer in the suit was as follows: - -

(3.) THE aforesaid decree was put to execution in T. Ex. Case No. 03/1989. By Annexure -C order dated 08.12.1998, the Executing Court directed the parties to take steps before the Collector of the District for early disposal of the partition matter as per the terms of the decree. The Collector by its judgment and order dated 12.11.2001, discussing the matter in its entirety, determined the respective shares of the parties in terms of which the petitioner is liable to pay the decretal amount which according to the petitioner leads to his deprivation of his entitled share and as a result out of 18 Bighas of land, the petitioner was given only 2 Katha 16 Lecha and the rest was given to the respondent No. 3.