- (1.) Heard Mr. M. Singh, the learned counsel appearing for the petitioner. Also heard Mr. K. Uddin, the learned counsel appearing for the respondent Nos.3 to 7, who are the sons and daughter of late Idrish Ali Borbhuiya (who was issued the Khatian No.8 in respect of the land owned by the petitioner's father Santa Prasad Teli).
(2.) The landowner is aggrieved by declaration of ownership rights and intermediary rights to the tenants (Khatiandars), under Section 23 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (hereinafter referred to as the "Tenancy Act").
(3.) The Khatian No.8 was issued for land measuring 24 bighas 15 kathas 8 chataks covered by Dag Nos.188, 190 & 192 of Patta No.38 of Chatraidayal Mouza under Lakhipur Pargana of Cachar district, in favour of Idrish Ali Borbhuiya, the father of the private respondent Nos.3 to 7. The legal heirs claiming to be the tenants by inheritance, filed an application under Rule 9 of the Assam (Temporarily Settled Areas) Tenancy Rules, 1972 (hereinafter referred to as the "Tenancy Rules") to demand ownership and intermediary rights, under Section 23 of the Tenancy Act and that application was registered as the AOR Case No.1/95 -96.;