1. This appeal is directed against the judgment and order dated 19.09.2008, passed by the learned Single Judge in WP (C) No. 2384/2008 dismissing the proceeding on holding that the judgment dated 08.04.2008, rendered by the Assam Board of Revenue, Guwahati in Case No. 46RA(DBR/06) does not suffer from any infirmity.

2. We have heard Mr. T.C. Khatri, learned Sr. Counsel assisted by Mr. P. Mahanta, learned counsel for the appellants and also heard Mr. B. Chakravarty, learned counsel for the respondents.

3. The facts necessary for disposal of the present appeal, in short, are that, Nidhi Rani Khullar (since deceased), predecessor in interest of respondent No. 1 to 11, purchased 2 plots of land with separate registered deeds, such deeds being deed dated 16.12.1946 and deed dated 08.06.1953. On the strength of aforesaid sale deeds, Nidhi Rani Khullar instituted a suit in the court of District Judge, Dhubri seeking partition and Khas possession of the suit property therein, area of same being 2 kathas only. Such suit was numbered as T.S. No. 10/1975.

4. The said suit was initially dismissed as not maintainable one for which plaintiff therein, she being Nidhi Rani Khullar, preferred an app

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