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2013 Supreme(Gau) 24

BIPLAB KUMAR SHARMA
Hemo Kanta Deka – Appellant
Versus
Assam Board of Revenue – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. N. Choudhury, Mr. A. Ahmed & Mr. D. Chakraborty
For Respondents/Defendant: Mr. P.K. Kalita, Mr. R.K. Baruah & Mr. N. Das

JUDGMENT

Biplab Kumar Sharma, J.

1. The challenge made in this writ petition is the judgment and order dated 14.12.2005 passed by the learned Assam Board of Revenue, Guwahati in Appeal Case No. 68 RA (K)/2000 allowing the appeal and setting aside the order dated 26.5.2000 passed by the Additional Deputy Commissioner, Kamrup, Guwahati in Revenue Appeal No. 57/94-95, by which, the order of mutation granted in favour of the petitioners in place of the names of their deceased predecessors in interest, by way of inheritance was set aside. The petitioners and the respondents are the sons of Late Tarun Deka and Late Nagendra Deka except the petitioner No. 6, who is widow of Late Tarun Deka. Tarun and Nagendra are brothers, whose father was Late Rohini Deka. He was the permanent resident of Village-Manaha Kachari and owned and possessed land measuring about 88 bighas in Village-Dakshin Dimoria and Uttar Dimoria under Dimoria Mouza. He died in 1960 leaving his two sons, namely, Tarun and Nagendra who became the joint owners in equal shares of the said land. It is admitted in the writ petition that both during their life time sold some portions of the land to the proforma respondents and there


















































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