GAYANATH MANDAL Vs. DHRUBA HAZARIKA

JUDGEMENT

(1.) This is an application under Sec. 81, Assam Land and Revenue Regulation, by one Gayanath Mandal seeking to set-aside a revenue sale on the ground of hardship.

(2.) A preliminary objection has been taken by Mr. Barua for the respondent to the effect that an application by the petitioner who has no locus standi does not lie under the provisions of Sec. 81 of the Regulation. Sec. 81 is in these terms:

(3.) Manifestly it refers to an application by any-body whatsoever. In this case, the applicant is a purchaser of the property sold at a revenue auction from one Biswanath Agarwalla for a sum of Rs. 1000. Apparently on the strength of the sale-deed, he bases his title to the property, and I do not think it can be contended that a person having ostensible title to property, which has been sold at a revenue auction, is debarred from applying under the provisions of Sec. 81 of the Regulation on the ground of hardship or in justice. Whether the seller had or had not title to the property is not material to the maintainability of an application under Sec. 81 of the Regulation.