JATIRMAY DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE facts are few but the petition poses questions of considerable moment involving an occupancy tenant under the Assam (Temporarily, Settled Areas) Tenancy Act, 1971 (hereafter referred to as Act), namely whether an Occupancy tenant is divested of his acquired rights once the Act ceases to apply to his land of tenancy and is an heir of an occupancy tenant for acquiring the ownership rights under the Act required to be engaged in personal cultivation within the meaning of the said enactment. The Assam Board of Revenue (hereafter referred to as the Board) having answered both the questions in the affirmative and against the petitioners, they seek redress in this petition.

(2.) I have heard Dr. N. K. Singh, learned Counsel for the petitioners and Mr. M. Singh, learned Counsel for the private respondents. Ms. R. Chakravarty, learned State Counsel, appeared on behalf of the State respondents.

(3.) FIRST a brief outline of the facts.