SAHIDA BIBI MUSTT Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) The judgment and order dated 4.8.95 passed by the learned Assam Board of Revenue (hereafter referred to as the Board) in Appeal case No. 170RA(C)/98 is in challenge in the instant petition.

(2.) I have heard Mr. SA Laskar, Advocate for the petitioners and Mr. M. Z. Ahmed, Advocate for the private respondent. Mr. Thakur appeared for the State respondents.

(3.) The facts of the case, briefly stated, are that the respondent No. 6, Mussabir Ali Mazumdar had filed an application for perfect partition of the land measuring 25 Bighas 5 Kathas 2 Chattaks claiming a share of 12 Bighas 12 Kathas 9 Chattaks therein. In the application that was filed for the said purpose before the Sub Divisional Officer (Collector), Hailakandi and registered as P.P. Case No. 11/1983-84, by order dated 5.2.87, the prayer was allowed. Being aggrieved, the predecessor in interest of the writ petitioners took the matter before the Additional Deputy Commissioner, Cachar, Silchar, and a proceeding was registered as PP Objection case No. 107 86-87. It was, inter alia, contended therein by the petitioners' predecessor in interest that the respondent No. 6 was entitled to 9B7K1 Ch out of the total land sought to be partitioned and that he was entitled to remaining land measuring 15B19K1 Ch. A plea of nonjoinder of the other pattadars namely the heirs and legal representatives of their deceased sisters Ms Kadarjan Bibi and Misira Bibi was also raised. The learned Additional Deputy Commissioner, after hearing the parties an on a consideration of the materials on record, entertained the contentions and referred the parties to the Civil Court for determination of the extent of their shares.