TANI RIBA Vs. TANYA RONYA
HIGH COURT OF GAUHATI (AT: ITANAGAR)
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AJIT BORTHAKUR -
(1.) This is an appeal under Section 48 of the Assam Frontier (Administration of Justice) Regulation, 1945 (for short 'Regulation, 1945') against the orders, dated 26.07.2006, 11.09.2006 and 18.03.2009, passed by the Deputy Commissioner, Pasighat in Title Suit No. HT-20/06.
(2.) Heard Ms. N. Danggen, learned counsel appearing for the appellant and Mr. M. Pertin, learned senior counsel assisted by Mr. W. Sawin, learned counsel appearing for the respondent.
(3.) The appellant's case precisely is that he purchased a plot of agricultural land, measuring 2 puras and 3 bighas, at a price of Rs. 1,10,000/- and other plots of WRC field and Jhum land, measuring 1 bigha each @ Rs. 30,000/- only, located at Lumpo village from one Shri Gandhi Ronya, who is the elder brother of the respondent No. 3, by executing a sale deed on 20.12.2004. Shri Gandhi Ronya had also sold other plots of ancestral land to several other persons namely, Shri Banya Gadi and Shri Babom Sora among others. Since then, the appellant had been cultivating on the said plots of land. However, after elapse of about 1(one) year, the respondent made a complaint against his said elder brother, namely, Shri Gandhi Ronya before the SDO (C), Nari. Pursuant thereto, a Kebang was held on 29.10.2005. The Kebang passed orders for division of the land between the 02(two) brothers. Consequently, the land which was sold to the petitioner and others fell within the portion demarcated by the respondent. In the said Kebang, neither the appellant nor the seller Shri Gandhi Ronya was present. Aggrieved by the decision of the Kebang held on 29.10.2005, the appellant preferred an appeal against the Keba decision before the Deputy Commissioner, East Siang District, Pasighat on 24.11.2005. The Deputy Commissioner referred the dispute to a Kebang and accordingly Keba was held at Pasighat on 26.04.2006. In the said Kebang, held on 26.04.2006, the seller namely, Shri Gandhi Ronya admitted to selling of the land to the appellant and others. The Kebang held that at the time of sale of the land to the appellant, the ancestral landed property had not been partitioned between the 02(two) brothers. The seller-the elder brother, Shri Gandhi Ronya, therefore, acted as a fatherly figure in the family and took all the important decisions including sell of land to fetch money for medical treatment of their mother. The Kebang also observed that since the buyer (the appellant herein), and the seller were not present during the Keba proceeding held on 29.10.2005, it was bad for non-joinder of necessary parties and accordingly, the Keba decision, dated 26.04.2006, overruled the Keba decision, dated 29.10.2005.;
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