PRADIP AGARWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned senior counsel for the petitioner. Also heard Mr. BD Deka, learned counsel appearing for respondent No.3 and Mr. D Nath, learned Addl. Senior Govt. advocate.

(2.) The petitioners herein, are the successor-in-interests of Lt. Narayan Chandra Agarwalla and Late Mrityu @ Mutung Ram Agarwalla. The jamabandi of 1923-28 shows that one Ganga Nath Goswami was the owner of a plot of land measuring 19 bigha, 3 katha and 17 lechas covered by Dag No.440 K.P Patta No.28 as it stood then. Thereafter by order dated 06-01-1931, the said land was mutated in the name of M/s Sonapur Co-operative Limited by way of right of purchase and accordingly, by order dated 16-06-1934, the land was mutated in the names of Radha Kishan Agarwalla and Kanailal Agarwalla.

(3.) On 14-05-1944, on the death of Kanailal Agarwalla the said land was mutated in the chitha by way of right of inheritance in favour of Andi Agarwalla and Mrityu Ram Agarwalla and after resettlement, the Dag was renumbered as 125 and 78 K.P Patta No.78. On 03-10-1967 on the death of Radha Kishan Agarwalla, the name was muted in the chitha in the name of Prabhu Dayal Agarwalla by right of inheritance.