AMAR NATH KUMAR Vs. MRINAL KANTI KHULLAR

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have put to challenge the judgment and order dated 8. 4. 2008 passed by the learned Member, Assam Board Revenue, Guwahati in Case No. 46ra (DBR)/06 directing the Deputy Commissioner, Dhubri to dispose of the prayer for partition made by the applicants, who are the respondents herein, in terms of the judgment and decree dated 14. 11. 1988 passed in Title Suit No. 10/1975. By the impugned judgment and order, the particular Khatian issued, which was also put to challenge, has been held to be not as per the Assam Tenancy Act, 1971 and consequently, the same has been cancelled. Being aggrieved, the petitioners have filed the instant writ petition.

(2.) LATE Nidhu Rani Khullar brought a suit during her lifetime against one Bechu Kumar and others being Title Suit No. 10/1975 in the Court of the learned Assistant District Judge, Dhubri praying for a decree of partition and khas possession. It appears that initially, the suit was dismissed as not maintainable, but on appeal, being F. A. No. 88/1979, this Court by judgment and order dated 3. 8. 1987 held the suit to be maintainable. Accordingly, the suit was remanded to the Court of the learned District Judge, Dhubri to decide the same in accordance with law.

(3.) AFTER the aforesaid judgment and decree, Nidhu Rani Khullar, the predecessor-in-interest of the applicants before the revenue board applied for partition before the Deputy Commissioner-cum-Collector. The petition, in due course, was transferred to the Settlement Officer for necessary action, who in turn forwarded the same to the Assistant Settlement Officer. It is on record that the name of the predecessor-in-interest of the applicants before the Board of Revenue i. e. Late Nidhu Rani Khullar was mutated as the rightful owner of the plot of land. After her death, the legal heirs namely, the applicants before the Assam Board of Revenue, who are the respondents herein, got their names mutated in respect of the said plot of land.