MATIRAM MIKIR Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) COMMON questions of fact and law are involved in both the writ petitions. The writ petitions are also by and between the same parties. Relief sought for are also consequential to one another. Arguments were also advanced analogously. In view of this position and as agreed to by the learned counsel for the parties, the two writ petitions are proposed to be disposed of by this common judgment and order.

(2.) THE real controversy centers around the acquisition of ownership right of the landlord by a tenant under him. In W. P. (C) No. 6103/1998 filed by the petitioner Sri Matiram Mikir who is the respondent No. 4 in W. P. (C) No. 7693/ 2001 has assailed the legality and validity of the order of the Additional Deputy Commissioner, Kamrup in Misc. Case No. 1/1987 affirmed by the Assam Board of Revenue by its impugned judgment and orders dated 29. 08. 96 and 01. 09. 98 passed in Case No. 56 RA (K)/ 1991 and in Case No. 9 RA (K) (RVW)/ 1996. On the other hand the petitioners in W. P. (C) No. 7693/2001 who are the respondents in Civil Rule No. 6103/ 1998 have assailed the legality and validity of the judgment and order dated 05. 10. 2001 passed by the Assam Board of Revenue in Case No 7ra (K)/1987.

(3.) BY the impugned judgment dated 12. 12. 89 passed by the ADC, Kamrup in Misc. Case No. 1/87 on the basis of an application filed by the petitioners in W. P. (C) No. 7693/2001, the Khatian issued to the Writ petitioner in Civil Rule No. 6103/1998 has been cancelled. This judgment was carried on appeal before the Assam Board of Revenue and the same was rejected by judgment and order dated 29. 08. 96. Thereafter, a review application was filed which was also rejected by judgment and order dated 01. 09. 98. For convenience sake the Civil Rule No. 6103/1998 shall be referred to as "the 1st petition" and the W. P. (C) No. 7693/2001 shall be referred to as "the 2nd petition".