Point of Law: Tenancy Act, 1971 lays down provision in Section 23 by which a tenant can seek ownership of a plot of land on certain conditions.

JUDGMENT :

The legality and validity of an order dated 28.06.2011 passed by the Addl. Deputy Commissioner (Revenue) Jorhat in an application filed by the respondent nos. 4 and 5 by which ownership rights have been declared as well as the order dated 19.09.2020 passed by the learned Assam Board of Revenue whereby, the appeal of the petitioners has been dismissed is required to be examined in this writ petition instituted by invoking Article 226 of the Constitution of India.

2. The facts projected in the petition are that the petitioners, who are five in numbers, are the legal heirs of Late Kanak Chandra Buragohain and Jagada Buragohain. According to the petitioners, their predecessors were the absolute owners of a plot of land measuring 17 bighas 4 kathas 1 lecha of KP Patta No. 5, 14 and 33. On the death of their predecessors, the petitioners inherited the aforesaid land and on the strength of such inheritance, their names were inserted in the Jamabandiin the month of January and February, 1981.

3. It has further been projected that on 28.10.2010, the respondent nos. 4 and 5 had filed an application before the Addl. Deputy Commissioner (Revenue) Jorhat for correction of the Jamabandi. On such application, the authority registered a case against the predecessors of the petitioners and issued notices to them. It is the case of the petitioners that much prior to the time of institution of the proceeding before the revenue authority, the predecessors of the petitioners, who were the original owners of the land in question, had expired. However, it appears that notices were held to be issued to the aforesaid predecessors.

4. The petitioners contend that on coming to know about the proceeding before the Addl. Deputy Commissioner (Revenue) Jorhat, they filed a written objection stating that the names of the petitioners were inserted on correction of the Jamabandiin the year 1981. However, without considering the case in the proper perspective, an order dated 28.06.2011 has been passed in favour of the private respondents. The aforesaid order dated 28.06.2011 has also been upheld by the learned Assam Board of Revenue vide judgment and order dated 19.09.2020 in Revenue Appeal No. 13(J)/2018. As indicated above, the principal ground of challenge is that the proceeding was instituted against dead persons and in spite of knowing about the existence of the petitioners and their names being reflected in the Jamabandi, no steps, whatsoever were taken to implead/substitute the petitioners in the proceeding. The grounds of violation of the provisions of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (hereinafter referred to as the Act) as well as erroneous approach of the learned ABR in respect of proving the case have also been taken.

5. I have heard Shri D Das, learned Senior Counsel assisted by Shri TG Baruah, learned counsel for the petitioners whereas the contesting private respondent nos. 4 and 5 are represented by Shri KR Borah, learned counsel. Ms. M Barman, learned GA has represented the State of Assam whereas Ms. G Hazarika, learned counsel has represented the Revenue Department, Assam. The LCRs which have been transmitted to this Court, have also been carefully examined.

6. Shri Das, learned Senior Counsel for the petitioners has submitted that the petitioners’ predecessors, including, Kanak Chandra Buragohain and Jagada Buragohain were the original pattadars of the land in question. However, upon the death of the original pattadars, the petitioners duly applied for correction of the land records in the year 1981 itself. Accordingly, the land records were corrected and the names of the petitioners were substituted in place of their predecessors. In this regard, the learned Senior Counsel has referred to the order against remark (Ga) dated 31.10.1981 whereby, in place of the name of Jagada Gohain, the names of Sarbeswar and Debeswar were substituted. Reference is also made to the order dated 08.02.1981 and corrected Jamaband