Toufique Uddin, J. - (1.) THIS is an application under Article 227 of the Constitution of India in respect of the impugned order No. 12 dated 06.06.2013 passed in Title Suit No. 238 of 2011 by the learned Civil Judge Senior Division, South Andaman, Port Blair whereby and whereunder an application under Order 22 rule 3 of the Civil Procedure Code was allowed by making unwarranted observations touching the merit of the suit. The short background of the revision is that the mother of the petitioner Late Asgari begum filed a suit for declaration that the defendant No. 7 (now deceased) is not the descendant of Late Abdul Samad and cancellation of the licence dated 11.11.2009 issued in favour of the defendant No. 7 with other prayers as per leave granted by the Hon'ble High Court.
(2.) THE petitioner further stated that her father Late Abdul Samad was the pre -1942 settler of these islands and having recoded land bearing survey No. 213 corresponding to new survey No. 1049/1 during the survey settlement of 1961, he was found in possession of excess land in addition to his recoded land which was recorded in the revenue record by the authorities. Late Abdul Samad married with the original plaintiff i.e. Late Asgari begum and had two daughters namely Ikhlaqun Nisa and the petitioner Akhtarun Nisa. Elder sister of the petitioner Late Ikhlaqun Nisa was given marriage to Shri S. Sarwar Hussain and was residing in her matrimonial home whereas the petitioner was also given marriage to Dr. Z.A. Khan and she was also residing along with her husband at the place of his posting. Therefore except the father and the mother of the petitioner none else was in possession of the recorded land and excess land.
(3.) THE father of the petitioner expired in the year 1990 leaving behind his widow and two daughters. After his demise, the recorded land, which he had at the time of death was mutated in the name of Late Asgari begum, Late Ikhlaqun Nisa and the petitioner. Subsequently in 2000 Late Ikhlaqun Nisa expired leaving behind her legal hairs i.e. the original defendant No. 7 and substituted defendant No. 7(a), (b) & (c) and her mother Late Asgari begum.;