IMPORTANT POINT
The main legal point established in the judgment is that the statutory procedure for mutations and service of summons must be followed, and events and circumstances after the expiry of the limitation period are relevant for condonation of delay.

JUDGMENT

1.The Assistant Survey and Settlement Officer, Imphal West-I, passed order dated 27.12.2005 in Mutation Case No.449/AS & SO -IW-I of 2005, accepting the plea of Annie Mangsatabam that she had acquired absolute right and title, by way of inheritance from late Mangsatabam (Ongbi) Punyabati Devi, her mother, and mutated her name in the revenue records as against the homestead land admeasuring 0.0498 hectares, covered by CS Dag No 2164 under Patta No.90/1052 equivalent to Patta No.90/158/63/503(New) of Village No.90-Thangmeiband, Imphal West District, Manipur.

Andy Mangsatabam and Rarry Mangsatabam, being two of the brothers of Annie Mangsatabam, approached the Revenue Tribunal, Manipur at Lamphelpat, aggrieved by the aforestated Mutation Order dated 27.12.2005. As there was a long delay of 5715 days on their part in doing so, they filed Revenue Miscellaneous (Revenue Petition) Case No.52 of 2021 seeking condonation of the said delay in filing a revision against the Mutation Order dated 27.12.2005. By judgment and order dated 18.04.2022, the Tribunal refused to condone the delay and rejected their application. Aggrieved thereby, Andy Mangsatabam filed CRP No.18 of 2022 while Rarry Mangsatabam filed CRP No.21 of 2022. Both the CRPs were filed under Article 227 of the Constitution.

2.Heard Mr. Th. Modhu, learned counsel for Andy Mangsatabam; Mr. Rarry Mangsatabam, appearing as a party-in-person; and Ms. I.Lenibala Devi, learned counsel, appearing for Annie Mangsatabam.

3. Before the Tribunal, the two brothers had claimed ignorance of the Mutation Order dated 27.12.2005. They pointed out that they were not made parties to the Mutation Case filed by their sister and had never received any summons from the revenue authority. They pointed out that Rarry Mangsatabam was residing at Delhi at the relevant point of time and that Andy Mangsatabam had filed objection petition dated 26.08.2005 before the Assistant Survey & Settlement Officer, Imphal West-I, with regard to any mutation being carried out for the subject homestead land, but despite the same, he was not put on notice by the revenue authority. They also pointed out that a notice was published by the revenue authority in a vernacular newspaper 'Thoudang', which was not widely circulated and was not read by them. They claimed that they came to know of the mutation order only when Andy Mangsatabam applied for and received a copy of the Jamabandi on 18.10.2021. They quantified the delay in filing a revision against the said mutation order as 5715 days and sought condonation on the ground that the delay was bonafide and without any negligence on their part, as they were unaware of the mutation order.

4. Annie Mangsatabam filed written objections before the Tribunal claiming that her brothers had not demonstrated sufficient cause to condone the long delay on their part. She asserted that they had slept over the matter for 16 years and had no explanation therefor. She stated that her brothers had knowledge of the entry of her name in the records and claimed that there was a family arrangement, wherein they had taken their share of the properties of their deceased mother and, with their knowledge and consent, she sought mutation of her name for the subject homestead land. According to her, the question of giving notice to her brothers did not arise.

5. The Tribunal noted that the brothers claimed knowledge of the mutation order only when they obtained a Jamabandi copy on 18.10.2021 and opined that, as all the siblings lived together in the same house, they could not claim ignorance of the mutation carried out in favour of their sister. Further, it opined that they ought to have explained as to what they were doing before 18.10.2021. The Tribunal accepted the version of Annie Mangsatabam that there was a family arrangement and that, with the knowledge and consent of her two brothers, Annie Mangsatabam had applied for entry of her name in the records in relation to the subject homestead l