Village customary laws should not be applied rigidly in cases where there has been a departure from the custom in respect of one of the co-sharers. In such situations, the principle of natural justice must be followed to ensure justice.

D. BISWAS, J. :- This is an application under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 read with Article 227 of the Constitution of India, whereby the judgment and order dated 22-11-95 passed by the Deputy Commissioner, Tawang in Civil Case No. T J/90/95 has been challenged.

2. We have heard Shri G.N. Sahewalla, learned counsel for the petitioner and Shri G.K. Bhattacharjee, learned counsel for the opposite party.

3. At the very outset it is considered necessary to spell out the powers of this Court under Section 50 of the Regulation, 1945. Here we may refer to an earlier decision of this Court in Sang Phuntso, Gaon Bura of Jang Village v. Darjee Mindu in (1983) 1 GLR (NOC) 36, the learned single Judge while interpreting the Rules 37, 38 of the Regulation 1945 observed that the village authorities have certain limited jurisdiction to try some specific cases and no village authority has been conferred powers to decide right, title and interest of immovable property involviing determination of complex disputes including Customary Laws. In addition, this Court in the aforesaid judgment also held that if the subject-matter of the suit is not less than Rs. 500/- or if the suit involves a question of tribal rights or customs or the right to or possession of immovable property, an appeal lies to the High Court. An appeal which lies to the Deputy Commissioner or High Court may be presented to the Asstt. Commissioner who shall, if it is in order and presented in due time, transmit it with records to the appropriate authority. Under Rule 50 of the Regulation, the High Court has also the powers to call for the proceedings of any original case or appeal decided by the Deputy Commissioner and not appealable under the Regulation and may pass such order as may be considered necessary.

4. It was further held that in the Regulation, there is no restriction or check imposed upon an appellate authority to review a decision of the inferior Court or authority. Therefore, it must be assumed that the appellate Courts constituted under the Regulation have co-extensive powers with those of the trial Courts or authorities and that they have powers also to review the decision appealed against.

5. After going through the provisions under Rules 37, 38, 40, 49 and 50 and while endorsing the above views expressed by the learned single Judge in Sang Phuntso, Gaon Bura of Jung Village v. Darjee Mindu (supra), this Court is of the opinion that while this petition under Section 50 empowers the High Court to exercise the powers to act as a Court of review only and its powers are co-extensive with those of the trial Courts or the appellate Courts, i.e. the Court of the Deputy Commissioner.

6. The impugned judgment and order passed by the Deputy Commissioner has been challenged on the ground that the decision given by the village council on the basis of village custom has been reversed by the Deputy Commissioner and the case was decided in favour of the claimant/respondent applying the principles of natural justice. According to the learned counsel for the petitioner, a dispute relating to immovable property is to be resolved on the basis of Customary Laws and, as such, the impugned order cannot be sustained.

7. The learned counsel for the respondent, however, mentioned that where there is a conflict between Customary Laws and the Principles of Natural Justice, the latter will prevail and, from this point of view the judgment impugned in this petition cannot be denounced.

8. To appreciate the above contention of the parties, it is necessary to look into the nature of dispute which is as follows :-

One late Monlam Norbu belonging to Monpa community of Arunachal Pradesh died leaving five sons, namely (1) Late Lobsang Rinchin, (2) Shri Tsering Tashi, (3) Shri Leki Phuntso, (4) Late Dhondup and (5) Sang Dakpu alias Shri Sangra, the petitioner.

9. According to village custom, the immovable property (Khrai land) is to be apportioned