Heard Mr. S.P. Roy, learned counsel for the petitioner. Also heard Mr. P.S. Deka, the learned Govt. Advocate appearing for the official respondent Nos.1—4. The private respondents Nos.5—9 are represented by Mr. P.K. Deka, the learned counsel.

2. The question here is whether the declaration of ownership rights in favour of the occupancy tenant (khatian holder) was rightly ordered under Section 23 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (hereinafter referred to as the “Tenancy Act”). The application for ownership right was made by Jogen Ch. Boro, on account of the Khatian No.166 relating to land measuring 4 bighas 3 kathas 17 lechas, covered by Dag No.118 and that application was granted, in the absence of any objection from the patta holders Boloram Phukan, Nripendra Ram Phukan and Giribala Devi. The application for acquisition of ownership rights was filed in Form No.5 and was signed by the applicant and it was registered as the Tenancy Case No.586/1984.

Case Background

3.1 When the claim for ownership right was made by the khatiandar, the Addl. D.C., Kamrup directed an enquiry on whether the applicant-tenant is personally cultivating the land in order to det