ILA BORUAH Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) BY making this application, under Article 226 of the Constitution of India, the petitioners, who were appellants before the learned Assam Board of Revenue ( in short, 'the Board'), in Case No. 152ra (K)/05, have put to challenge the order, dated 30. 08. 2006, passed by the learned Board dismissing the appeal, which the petitioners had preferred under Section 147 of the Assam Land and Revenue Regulations, 1886 (in short, 'the Regulations' ).

(2.) THE materials facts, giving rise to the writ petition, may, in brief, be set out as under:

(3.) APPEARING on behalf of the petitioners, Mr. D. C. Mahanta, learned Senior Counsel, submits that the impugned order, passed by the learned Board, suffers from jurisdictional error inasmuch as the learned Board ought to have noted that the present petitioners hold prima facie title to the land, in question, inasmuch the suit, which the predecessor-in-interest of the present petitioners, had instituted, was, eventually, decided in favour of the plaintiff-petitioners and the predecessor-in-interest of the respondent Nos. 4 to 8 herein had to be evicted from the suit land in terms of the said decree. In support of the fact that the suit was, eventually, decided in favour of the present petitioners' predecessor-in-interest, Late Kanak Chandra Baruah, Mr. Mahanta has referred to the decision in Prabhat Lal Baruah Vs. Ila Baruah (Smti.), reported in 2001 (3) GLT 285.