KHANINDRA HAZARIKA Vs. REKHA SAIKIA

JUDGEMENT

(1.) THE challenge made in this writ petition is the judgment and order of the Revenue Board reversing the order of the Revenue Authorities allowing mutation in favour of the petitioner.

(2.) ACCORDING to the petitioner, his father Late Dimbeswar Hazarika had been in possession of the land in question. After the demise of his father, the petitioner is in possession of the land. Such possession is stated to be from 1935 continuously and without any interruption. It is the case of the petitioner that he has acquired right, title and interest over the land by way of adverse possession and by operation of Section 27 of the Indian Mutation Act. The petitioner has constructed residential house over the plot of land which is also bounded by brick walls. The petitioner has been paying dues like land revenue, municipal taxes, electricity charge etc. to the authorities.

(3.) THE private respondents herein are the heirs of Late Nabin Saikia, who died interested on 19. 3. 1999. Late Nabin Saikia, Late Hem Chandra Saikia and Sri Surendra Nath Saikia were brothers and co-sharers of the plot of land. Their father was Late Holiram Saikia. The husband of the respondent No. 1 and the father of the respondents No. 2 to 6 Late Nabin Saikia instituted Title Suit No. 4/1956 as plaintiffs against the father of the writ petitioner Late Dimbeswar Hazarika for declaration of right, title and interest over the suit land. In the meantime, the father of the petitioner applied for mutation of the suit land in his name vide Mutation Case No. 51/1955-56.