JUDGMENT :

Legality and validity of judgment and order, dated 23.08.2011, passed by the learned Additional District & Sessions Judge, Fast Track Court, Basar in BSR/TA No. 20/2004, is put to challenge in this Civil Revision Petition, under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 by the petitioner-Smti. Ogan Perme (since deceased), wife of Lt. Opang Perme, represented by her legal heir, -Shri Royjel Perme. It is to be mentioned herein that vide impugned judgment and order, the learned FTC, Basar has dismissed the Title Appeal No. 20/2004, and uphold the Kebang decision, dated 09.05.1996.

2. The factual background leading to filing of this civil revision petition is adumbrated herein below:-

a. After the earthquake of 1950, Maryon village of East Siang District, Pasighat was submerged by the river Siang. Then the villagers of Maryom village started to settle at Dipu Gipong of Berung village. By a decision of Kebang, held by the people of Bogong Banggo had allowed them to occupy the land by derecognizing their individual ownership of Morang rights on the land excluding fishing rights on the stream. Thereafter, the people of Berung started cultivating the land for their survival and established rights, title, interest etc. on the land under their occupation and such ownership was never a matter of dispute since their settlement till around 1992-1993.

b. Being one of the victims of the said natural calamities, Lt. Mongol Perme took the possession and occupation of the disputed land in 1953, and develops some portion as WRC field and later on Lt. Ngolpang @ Opang Perme, the husband of the petitioner, by digging up a channel around his plot of land. During that time, the deceased father of the respondent No. 2 did not raise any objection on the basis of the Morang. As such, Lt. Mongol Perme, the father-in-law of the petitioner had established right, title, interest etc. over the said plot of land w.e.f. 1953. Lt. Opang Perme, son of Lt. Mongol Perme got married to Smt. Ogan Perme, the present petitioner in the year 1962. After the death of Lt. Opang Perme, the petitioner inherited the WRC field which was cleared and developed by Lt. Mongol Perme and his son Lt. Opang Perme, the husband of the petitioner including the present disputed land.

c. The respondents, thereafter, disputed the claim of the petitioner and claimed that their right of Morang ownership is still in existence. Thereafter, a Kebang was held in connection with the said dispute on 09.05.1996, wherein, the Kebang took a decision in favour of the respondents. Against the said Kebang decision, the petitioner preferred one Title Appeal, being BSR TA No. 20/2004, which was dismissed on 28.08.2008. Thereafter, one RFA being RFA No. 01(AP)/2008 was preferred, but the same was dismissed on default, but, was again restored to file on 19.08.2010 wherein both the parties were directed to appear before the learned FTC and to review their arguments. Thereafter, the learned FTC, Basar passed its final order on 23.08.2011. Then, being aggrieved by the said order in RSA No. 01(AP) was filed and the same was withdrawn on 11.06.2014 with a liberty to approach the Court, if so advised. Then the petitioner filed the present civil revision petition, under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945.

d. It is the contention of the petitioner that she had produced 6 (six) witnesses including herself and the defendant No. 1 also produces 7 (seven) witnesses and that Lt. Boduk Tamuk has not contested the case and his legal representative also not contested the case. And since the respondent No. 2 has not supported the respondent No. 1 by adducing evidence in the Court, the respondent No. 1 has no locusstandito claim the disputed land. Thereafter, the petitioner filed the present civil revision petition on the following grounds:

I. That, it is no longer open to the court to simply affirm a Kebang Decision, if the court decides to