the ‘legal character’ of the plaintiff which originates/flows from the terms of a specific law say for instance, status of land holder under Section 9 of the Regulation and endowed on the plaintiff in his individual capacity. The plaintiff/respondent No.1 in the evidence by producing Ext-6, the periodic patta No.14 sought for the ‘legal character’ endowed on him as the land holder within the limited rights which is incident on him under Chapter-X of the Regulation. The said ‘status’/ ‘legal character’ is very much in existence on the date of filing the suit by the plaintiff ascribed by the competent authority as required under the rules and if the Civil Court declares the said ‘legal character’ of the plaintiff/respondent No.1, said declaration cannot in my opinion, be held to violate the provision under Section 162 Sub-Section 2 that no person shall acquire or possession by transfer, exchange, lease or settlement in any areas constituted into Belts or Blocks contravening sub-Section 1 of Section 162 under Chapter-X of the Regulation. On the other hand, Ext-Ka is an instrument which is registered in the Office of the Sub-Registrar, North Lakhimpur purchasing the possession of the suit land which is a document evidencing the transaction for possession of any land by way of transfer and under Section 162(3) of the Regulation specifically bars such registration from the commencement of the Assam Land and Revenue Regulation (Amendment) Act, 1964. The said bar is with respect to registration of any instrument evidencing transfer of a plot of land in the Tribal Belt but it does not say that it covers any declaration by a Civil Court. It is true that the matter in dispute in the suit as raised in the plaint does not cover any matters under Chapter-X but if a person in clear violation to the provision of Section 162 Sub-Section (3) takes a defence, the Civil Court in terms of the said provision has the power and authority to disregard the force of the said sale transaction because of the fact that the Court cannot accept something which is done in clear violation of a provision under the statute.
