Possession by one co-sharer is regarded as possession for all; therefore, the legal heirs of a deceased possessor retain rights, irrespective of temporary absences.

JUDGMENT

This is a petition under Article 227 of the Constitution of India challenging the order 04.12.2019 delivered in Revision Case No. 461/17 in the proceeding under Section 95 of the TLR & LR Act, 1960 by the District Collector. The petitioner has urged this court for directing the District Collector to incorporate the name of the petitioner and the respondents No. 7 to 16 and the proforma respondents no. 17 to 35 as possessor of the land by virtue of the unregistered deed in the computerized Khatians No. 1216/6 and 1216/7 (Annexure-5 and Annexure-6 to the petition)

[2] A short resume of relevant facts may be introduced at the outset. The predecessor of the petitioner namely Digendra Chandra Biswas had by an unregistered deed of exchange dated 13.05.1964 exchanged the property left by him in the erstwhile East Pakistan (Now Bangladesh) with the property of one Abdul Aziz and others situated at Agartala, India. Accordingly, some of the lands pertaining to CS Plots no. 3440, 3442 and 3435/7065 recorded in the old Khatian No. 2376 of Mouja Ramnagar were mutated in the name of Digendra Chandra Biswas. But in the Khatian, Abdul Aziz and others were shown rayat (holder of the title) and Dignedra Chandra Biswas was shown as the possessor by virtue of the unregistered deed. On 07.08.1973, Digendra Chandra Biswas passed away leaving behind his four sons and three daughters. The names of legal heirs of Digendra Chandra Biswas (as reflected survival certificate dated 31.01.1989) are as follows:

[3] The petitioner has produced the copy of the survival certificate dated 31.01.1989 (Annexure 1 to the petition). Copies of the unregistered deed of exchange dated 13.05.1964 and Khatian No.2276 have been produced with this petition respectively as Annexure 2 and Annexure 3. It is the allegation of the petitioner that he stayed away from the land in question in connection with his service under the Department of Food. Taking the advantage of his temporary absence, the name of his father, Digendra Chandra Biswas, has been deleted without bringing his legal heirs in his place. The old Khatian No. 2376 had been renumbered as khatians No. 1263/6 and 1263/7. At the time of publishing the computerized Khatian, the respondents No. 7 to 14 and 15 have been shown as the possessor by virtue of ‘the unregistered deed’. Those respondents, according to the petitioner, practised fraud in connivance with officials of the revenue department. The respondent No. 15, according to the petitioner, has used his official position for that purpose. He was working as the Deputy Collector and Magistrate at the relevant point of time being Tripura Civil Service (TCS) officer those Khatians have been produced for inspection of this court.

[4] Having gathered the knowledge of such occurrence, the petitioner along with Proforma-respondents No. 17 to 20 filed the revision petition under Section 95 of the TLR & LR Act, 1960. It has been asserted by the petitioner that when in the year 1980 some part and parcel of the land pertaining old plot no. 3440 (part) and 3442 (part) of khatian no 2376 were acquired vide the declaration under Section 6 of the LAND ACQUISITION ACT , 1894, the name of Abdul Aziz and others were shown as jotdar (rayat) and the father of the petitioner Digendra Chandra Biswas, was shown