U.B. Saha, J.

1. The challenge in this writ petition is the judgment, dated 20.5.2005, passed by the Court of the Assam Board of Revenue, Guwahati, (hereinafter, for short, referred to as 'Board of Revenue'), in case No. 107 RA (K)/02 (Annexure-24 to the writ petition) whereby and whereunder the order, dated 4.10.2002, passed by the Settlement Officer, Guwahati in R.A. No. 9 of 2002 (Annexure-16 to the writ petition) upholding the order, dated 18.1.2002, passed by the Asstt. Settlement Officer, Guwahati in Misc. Case No. 29 of 2000, holding, inter alia, that the dispute in between the appellant and respondent are civil in nature and as such civil court can decide the title and accordingly the misc. case was disposed of thereby the appeal filed by the appellant, respondent No.7 herein, was disposed of.

2. Heard Mr. S. Kalita, learned Counsel for the petitioner and Mr. Shiladitya, learned Counsel appearing for respondent No.7. Also heard Mr. B.N. Gogoi, learned Govt. Advocate appearing for the respondents 1 to 5.

3. Admittedly, the petitioner, Smt. Manjula Hoque, was adopted by Md. Amirul Hoque. She happened to be the daughter of his elder brother who died while Manjula was two months old and her mother predeceased him just at her birth time. Since then Majula was living with Amirul Hoque as his only daughter.

4. Amirul Hoque, a resident of Christian-basti, Guwahati, had two plots of land measuring 2 katha 15 lechas covering Dag No. 936, K.P Patta No. 32 and 1 katha 15 lechas covering Dag No. 935, K.P. Patta No. 305.

5. Both plots were contiguous situated on G.S. Road, Christian Basti, Guwahati. In 1 Katha 10 lecha, there was a big R.C.C. building measuring little less of 500 sq. ft which was originally used as residence of Amirul Hoque. Smt. Manjula was brought up there.

6. Respondent 7, Mustafa Shahidul Islam, a Member of Legislative Assembly (ML A), as he then was, married Manjula in the year 1988. He was also staying with Manjula at the residence of Amirul Hoque, father of Manjula. It is stated that soon thereafter, he started ill-behaving and torturing with Manjula and her parents to transfer entire landed property of Amirul Hoque in his name. While said proposal was not accepted, respondent No.7 implicated Amirul Hoque, in a false rape case. In the result, Amirul Hoque had to suffer in jail for forty-five days.

7. Thereafter, Amirul Hoque became ill. Ultimately he decided to gift out both plots of land in favour of petitioner and in 1989, he openly declared about gifting of both plots to his daughter only, as he was not even in a position to take effective step for transferring the aforesaid plot of land.

8. Upon accepting and taking possession of gifted lands, Manjula made formal petitions to the Settlement Officer for mutation. Accordingly, two mutation case No. 3424/92-93 and 3425/92-93 was registered and thereafter, records of aforesaid cases were transferred to the Assistant Settlement Officer.

9. After considering Lat Mandals report as to the petitioners possession, the Assistant Settlement Officer vide order, dated 23.6.1993, granted mutation to the petitioner in respect of both plots of land and thus aforesaid two plots of land of Amirul Hoque were transferred in the name of petitioner. Thus, she became a valid owner, title holder and possessor of both plots of land. Subsequently, Guwahati Municipality Corporation (GMC) holding and electricity connection were also transferred in her name and she has been paying the land revenue taxes.

10. In 2 kathas 15 lechas of land, there were total fifteen tenants who were shopkeepers at the time of father of the petitioner. But after mutation being granted to the petitioner, they came to be under her tenancy.

11. In 1997, as decided, the petitioner and her husband along with their two minor children and the father of the petitioner came to MLA Hostel to live there.

12. The RCC building they lived in on 1 katha 10 lechas was divided into two parts. One part was let out to one Mrs.