B.L.HANSARIA, K.LAHIRI
Goya Prasad Khemani – Appellant
Versus
Assam Board of Revenue & Ors. – Respondent
This is an application under Article 226 of the Constitution directed against an order of the Assam Board o' Revenue dated 6.4.76 in Revenue Appeal No. 20/1974.
2. The bone of contention is 8 B. 1 Lecha of land in patta No. 38(old)/361 and 362 (new) of Digboi town, which stood in the name of Respondent No. 4. Sarafuddin and one Amir Meah. Rangalal Khemani, father of the petitioner, obtained two registered deeds purporting to convey ''the land" in his favour from Bikhow Miah, father of Respondent No 4 and having obtained these deeds, he procured field mutation. Sub sequently, there was a resettlement and during the course thereof in 1935, the Settlement Officer entered the name of Rangalal in the settlement records. Rangalal was apparently entitled to obtain possession. He instituted a title suit against Sarafuddin and one Amir Meah for declaration of his title to the land and for recovery of possession or confirmation of possession. However, that suit was dismissed. Sarafuddin and Amir Meah moved Revenue Officer for correction of the revenue records and for sub stitution of their names in place of Rangalal. The prayer was however turned down on the score that it was no
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