JIBON CHANDRA SARMA DOLOI versus ANANDI RAM KALITA AND OTHERS

JIBON CHANDRA SARMA DOLOI versus ANANDI RAM KALITA AND OTHERS

The lands in question, described as Brahmottar lands in the revenue records, fall under the Assam Land and Revenue Regulation, 1886, and thus are heritable and transferable without restriction. The appellant failed to discharge the burden of proving that any special limitations existed on transferability.

Parties
Appellant: Jibon Chandra Sarma Doloi; Respondents: Anandi Ram Kalita and others
Jurisdiction
India
Judgment Date
23 February 1961
Procedural Posture
Civil Appeals Nos. 105 and 106 of 1957 / Appeal From Judgment and Decree of the Assam High Court Dated April 8, 1954, in Appeal From Appellate Decree Nos. 41 and 54 of 1951.
Outcome
Appeals dismissed.
Legal Topics
Transferability of Endowed Land, Assam Land Tenure, Burden of Proof
Property Law Transferability of Endowed Land Assam Land Tenure Burden of Proof

Case Brief

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Parties

Jibon Chandra Sarma Doloi

Appellant

Anandi Ram Kalita and others

Respondents

Procedural Posture

Civil Appeals Nos. 105 and 106 of 1957 / Appeal From Judgment and Decree of the Assam High Court Dated April 8, 1954, in Appeal From Appellate Decree Nos. 41 and 54 of 1951.

Legal Issues

  1. 1 Whether the Brahmottar lands granted to temple officials in Assam are alienable to strangers or only to a specified class such as Bardeuries.
  2. 2 On whom lies the burden of proof to establish the character and alienability of the lands.

Ratio Decidendi

The lands in question, described as Brahmottar lands in the revenue records, fall under the Assam Land and Revenue Regulation, 1886, and thus are heritable and transferable without restriction. The appellant failed to discharge the burden of proving that any special limitations existed on transferability.

Court Disposition

Appeals dismissed.

Orders

  • Appeals fail and are dismissed with costs.