B.K. Sharma, J.

1. This writ petition is directed against the order passed by the Assam Board of Revenue granting mutation in favour of the Respondents and thereby upholding the order of mutation passed by the Additional Deputy Commissioner.

2. The land measuring 4 Kathas 3 lechas which is a part of land of 1 Bigha 1 Katha 5 lechas covered by Dag No. 811 (Old)/1301 (New) of KP Patta No. 108/621, 478(Old)/478 (New) of Sahar Guwahati, Part-II, Mouza Guwahati belonged to Late Kunja Bihari Banerjee, the predecessor in interest of the present Petitioners.

3. Kunja Bihari died in the year 1941 and on his death the aforesaid land alongwith other properties devolved upon the Petitioners and accordingly their names have been mutated as pattadars in the land and patta has been issued in their names as per the last re-settlement operation. The Petitioners have been paying the land revenue regularly.

4. During the lifetime of Kunja Bihari, he granted lease of the said entire land in the year 1951 in favour of one Suresh Chandra Dutta (since deceased). A registered Kabuliyat was executed by said Sri Dutta in favour of Kunja Bihari on 1.3.1931, agreeing to occupy the said land as tenant for