This revision petition has been filed under section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 challenging the legality and validity of the order dated 30.9.1996 passed by the Deputy Commissioner, Upper Siang District, Yingkieng in Kebang Appeal Case No. l of 1996 communicated and received by the petitioners on 15.10.96. 2. The first Kebang decision was on 12.5.96 in a dispute between Boken Jopir and Smti Tabur Jopir. The decision was that the disputed land at Kome will not be divided in between the parties. From this day onwards, Shri Boken Jopir shall take the possession of the disputed land as absolute owner. Subsequently the decision was communicated to the Circle Officer, Jengging and that communication is as follows: “From now onwards Smti Tabur Jopir shall continue to cultivate the land which was cultivated by her. Shri Boken Jopir is stopped from cultivating the said land (disputed land). Smti Tabur Jopir shall not sell or dispose the said land without prior consultation with the Jopir Clan members.” 3. An appeal was filed before the Deputy Commissioner and that was disposed of by the Deputy Commissioner by the impugned order. The Deputy Commissioner held as follows: “(i) As per Adi Customary Law, it is well established rule and practice that a person does not adopt a child at least of the same sex as long as he has one child (especially) male one). Therefore, I am not inclined to agree with the contention of the appellant that the husband of the respondent No. 1 had adopted late Boni Jopir as his own son. (ii) It is established beyond doubt that Mithun was sacrificed by late Anyok Jopir husband of respondent No. I in exchange/consideration for the disputed land. (iii) The land was developed by late Anyok Jopir, husband of respondent No. 1 into WRC/TRC in the year 1964 ie., more than 30 years ago. (iv) An amount of Rs. 2,500 which has been spent as fees in earlier meeting by the appellant be returned to Boken Jopir (appellant No.1) since it was not an accepted Kebang decision. The fees has been returned to the appellant in my presence. (v) The Gaoburas have agreed upon the verdict and signed in a separate list in my presence.” Hence, this revision petition. 4.1 have heard Mr. C. Baruah, learned counsel for petitioners and Mr. BK Sharma, learned counsel for respondents. 5. The fees has been returned to the appellant in my presence. (v) The Gaoburas have agreed upon the verdict and signed in a separate list in my presence.” Hence, this revision petition. 4.1 have heard Mr. C. Baruah, learned counsel for petitioners and Mr. BK Sharma, learned counsel for respondents. 5. Mr. C. Baruah, learned counsel for petitioner makes the following submissions: (i) There is no material on record to allow the opposite party to retain the possession of the disputed land. (ii) No independent Witness has been examined to arrive at the conclusion, (iii) The subsequent Kebang decision is against the earlier Kebang decision dated 12.5.96 in respect of the same disputed land between the same parties. The learned Deputy Commissioner did not apply his mind to that aspect of the matter, (iv) No hearing was given to the petitioner by the Deputy Commissioner. 6. Section 44 of the Assam Frontier (Administration of Justice) Regulation, 1945 provides inter alia as follows: 44. (1) All suits tried by the village authorities shall be decided in open Darbar in the presence of the parties and atleast three independent witnesses. (2) The Deputy Commissioner or an Assistant Commissioner may direct a village authority to report their proceedings in any case or class of cases in any way which may appear to him to be suitable. Save as required such direction, no record of any proceedings shall be maintained. (3) After hearing both parties and their witnesses if any, the village authority shall forthwith pronounce a decision.” Section 46 of the same Act provides for appeals from village authorities and that is quoted below : “46. (1) Any person aggrieved by a decision of a village authority may appeal to the Assistant Commissioner in suits not exceeding Rs 500 in value and to the Deputy Commissioner in suits exceeding that value (2) If such an appeal is filed, a record shall be made of the matter in dispute and of the decision of the village authority. (3) The appellate Court shall, if necessary, examine the parties, and, if the decision appears to be just shall affirm and enforce the decision as its own. (3) The appellate Court shall, if necessary, examine the parties, and, if the decision appears to be just shall affirm and enforce the decision as its own. If the appellate Court sees grounds to doubt the justice of the decision, it shall try the case de novo or refer to a Panchayat; in any case so referred, the provisions of section 38 shall apply as the parties had agreed to submit to arbitration.” 7. Regarding the role of Kebang in implementation of the Adi Customary law, there is an article in the book 'On the Aspects of Customary Laws of Arunachal Pradesh' and that is quoted below in its entirety to appreciate the present position. “Among the Adis, the Kebang is a popular word and practice. It is the tribal council, which is a collective body, constituted with the responsible members of an Adi village or area, organised into a democratic form for common purpose in that society. It is a body of local self-government. Administering over all affairs under its own jurisdiction or administrative area. Generally speaking, Kebang means any work or common people for common purpose. All male members of the village attend the Kebang works. But judicially Kebang is the Court of tribal justice. In judicial Kebang, the number of the Kebang members is limited. Any interested member of that village can attend and listen the discussion over any case but all are not the real members to participate in the decision making. The real members of the judicial Kebang are the Gams i.e, headman of a village who have powers of decision making. It is the body for decision making and is the council of local Court. The members of the Kebang are the judicial administrators of their own administrative areas. This body frames the customary rules of the concerned areas; tries cases and settles these in accordance with their framed traditional law. It maintains law and order in the Adi society. The Kebang or traditional tribal council has been organised into four sub-councils or sub-kebang to facilitate co-ordination. All sub-councils decide the case of their own levels. We can take the family as the smallest unit of this Kebang organisation. It maintains law and order in the Adi society. The Kebang or traditional tribal council has been organised into four sub-councils or sub-kebang to facilitate co-ordination. All sub-councils decide the case of their own levels. We can take the family as the smallest unit of this Kebang organisation. Family feuds are settled by its heads within the circle or the same may be taken to the clansmen of that family, in case the head of the family and the clansmen fail to settle, it is brought before the Dolung Kebang or village council. The village council is the authority to look into the matter of the families and different clans of the village. The village council has been empowered to try and settle civil and criminal cases within its jurisdiction and his council exercises, powers over all judicial affairs of its own limited area. However, the village council has no power to settle the serious crimes like murder cases of its own administrative area. This Dolling Kebang tries and settles the local cases according to its traditional codes of conduct. Cases not settled at this level are brought to the Bonggo Kebang which is above the village council. The Banggo Kebang covers an area of six or more villages and the headman of these villages are the members of the Kebang. This council settle cases not decided by the Dolling Kebang of its area. On failure to settles a case at Bonggo Kebang, it may be brought before the Area Kebang, which is superior to Bonggo Kebang. The area of the Area Kebang can extend to fifty or sixty villages or a particular geographical region. The selected or unselected headmen of that area are the members of the Area Kebang. In case it fails to settle a dispute, the matter is shifted to Bogum Bokang Kebang which is the supreme traditional council. The jurisdiction of this supreme council covers the entire Adi community or district with the gams under its jurisdiction as the members of the Bogum Bokang Kebang. It is thus the highest traditional council meant for economic, social and political affairs of the Adi territory. On the other side, the modern set up of various administrative units and posting of civil officers brought another new way of judicial procedure to present tribal life. It is thus the highest traditional council meant for economic, social and political affairs of the Adi territory. On the other side, the modern set up of various administrative units and posting of civil officers brought another new way of judicial procedure to present tribal life. Under the principle of this administration, local disputes not settled by village council or Area Kebang are brought to the Magisterial civil authorities of their administrative areas. These complicated cases are tried and settled in the joint assembly of political interpreters of these civil administrators as well as the headmen under their jurisdiction. Such cases are being settled on the principles of custom and usages of the local people in the name of civil administrator. In case this civil administrators finds a case too complicated, it may be sent to higher authority i.e, District Magistrate. The District Magistrate then nifty settle it in accordance with the civil law or he may send that case to the Adi Kebang to decide it according to the traditional codes of conduct of those local people. If the Adi Kebang finds it difficult to settle or it is surrenders the same is settled by the Court of District Magistrate according to the country law. Thus, the new ideas and practices of the modern administration has brought new ways of setting cases to Adi society. Under the present system of administration, a complicated case of Adi tribe can be settled traditionally or constitutionally by any of the four means (i) Bogum Bokang Kebang, (ii) Oath and orderal, (iii) Adi Kebang, (iv) District Court. (i) Bogum Bokang Kebang is the highest traditional political organisation of Adis which exercises supreme authority over all sub-councils or sub-kebangs. There is no case what this council cannot settle. Judicially, the murder cases of the tribe are sometimes brought before it these are settled according to the verdict of the council members. Generally most of the local cases are settled by its subordinate councils and Adi Kebang of the Deputy Commissioner and hence/the cases settled by this council is very few in number. This council settles only that one which has not been settled by its subordinate councils. Therefore, this council of entire Adi community may be taken as the supreme traditional Court of Adi Customary Law. (ii) (iii) (ii) Oath and ordeal is the primitive and traditional device of case judgment and decision making. This council settles only that one which has not been settled by its subordinate councils. Therefore, this council of entire Adi community may be taken as the supreme traditional Court of Adi Customary Law. (ii) (iii) (ii) Oath and ordeal is the primitive and traditional device of case judgment and decision making. In case both the parties are not ready to abide by the decision arrived at by the Kebang or both are firm to settle the case through supernatural means, they may be permitted to take recourse to ordeal and oath. Ordeal is administered in a rite which is related to that case only. The complainant and the accused are sworn in a public gathering the name of God (Donyi-Polo) Uttering 'Oh god ! Kindly show the guilty to all. That one, who faces the expected adverse within a the prescribed time is proved to be the wrong doer. A judicial procedure is initiated against that guilty person. Sometime, the supernatural punishment is itself the settlement of that case. This practice is still in vogue though the civil administration tries to discard such primitive practice. (iii) Adi Kebang of the office of the Deputy Commissioner Pasighat, is an organisation consisting of six or more senior political interpreters assisted by additional staffs and supervised by the Political Assistant of Political Branch. This through a governmental organisation has attained supremacy over the traditional judicial matters. The nature of duty of these Kebang personnel's is judicial. This Kebang receives suits, trials and settles local cases in accordance with the traditional law in the name of the Deputy Commissioner/District Magistrate. It is the Court of justice for Adi Customary Law and the members of the Kebang are the judges of Adi Traditional law. The cases, not settled in Dolung Kebang, Banggo Kebang and Area Kebang, are brought before this Court of Adi Kebang. It is the popular practice that such cases are settled in the joint sitting of the members of this Kebang and the selected members of those traditional council. Local cases filed directly to civil administrator or complicated cases left for the decision of an administrator are also transferred to this Adi Kebang for settlement according to traditional law the local people. Local cases filed directly to civil administrator or complicated cases left for the decision of an administrator are also transferred to this Adi Kebang for settlement according to traditional law the local people. Sometimes, the cases, not settled in this Adi Kebang are passed to the District Magistrate, such cases are again returned to this same Kebang for re-discussion for settlement according to local law. The Kebang re-discusses accordingly and its verdict is binding on both the parties. It is, therefore, the Adi Kebang of the Deputy Commissioner which receives cases from the public as well as from the civil authority. This jury (Adi Kebang), and important organ of the local judicial system, is the High Court of Justice of Adi territory. On the other hand, it does not settle all cases independently. In criminal case, it seeks the majority opinion of the selected mediators/members of the assembly. The way of its decision making is neither based exactly on the principles of the f traditional law of olden days nor touched the exact ideas of the country law. It seems that this jury (Adi Kebang) has become the bridge over the gulf between the National Law and Adi Customary Law by discarding the primitive ideas and savage practices and modifying the principles of custom codes of conduct. (iv) As the District Court of the District Magistrate is the Chief Judiciary of the district, it deals with all the judicial matters under its jurisdiction and settles cases in accordance with the principles of National Law or Indian Penal Code. The local cases not settled in the traditional Kebang are ultimately brought before this Court of District Magistrate. This Court accepts only those cases which cannot be settled by the traditional Kebang. Hence, there is a distinct boundary between the civil judicial authority which settles in accordance with the principles of Indian Penal Code and the traditional Kebang (Council) which deals with cases according to the ethical principles of the Adis. Though the Magistrate is the supreme judicial authority in the district, it gives free hands to the traditional Kebang (Civil). It does not interfere with the Kebang in dealing with the local disputes and its settlement if it works under certain conditions. The village headman/traditional Kebangs have been empower to try and hear any type of case under their jurisdiction. Though the Magistrate is the supreme judicial authority in the district, it gives free hands to the traditional Kebang (Civil). It does not interfere with the Kebang in dealing with the local disputes and its settlement if it works under certain conditions. The village headman/traditional Kebangs have been empower to try and hear any type of case under their jurisdiction. Most of the local cases are, therefore, settled by the traditional Court of councils and by Adi Kebang of the Deputy Commissioner. Only few local cases are sent to the District Court the verdict on which by the Adi Kebang is not acceptable to one of the parties or both or which the Kebang does not feel competent to deal with due to the complicatedness of the case. In short, the traditional Court (Kebang) is partially independent as it has powers to dispute of any local case under its own jurisdiction and on the other side, the Kebang is subordinate to the civil authority/District Magistrate as it is under the supervision of this authority. The Kebang also fear of the Magistrate's interference if the Kebang are not competent to dispute cases within certain limitation.” 8. Regarding role of the Kebang there is some mention in the Land System of Arunachal Pradesh, a research under the Law Research Institute, Eastern Region, Gauhati High Court, Guwahati and Indian Law Institute, New Delhi and that is quoted below : “The Kebang is a village council in which all the village elders automatically become members. The Kebang of the Adis is better organised and wields more centralised powers than the village council of the other tribes. It exercises judicial authority and imposes punishment on person who violate customary laws. It settles administrative matters too, in some respects, such a when a new village site is selected or (among Padams) when a new jhum locality is decided upon. It decides the boundaries on the spot, when there are boundary disputes. But the Kebang does not interfere with individual cultivation (whether jhum or permanent) or with the transfer and inheritance of lands according to customary laws. No previous permission of the Kebang is necessary in these matters or for clearing jungles for the extensions of cultivation.” The rules of inheritance amongst the Adis is noted in that book as follows: “Like all Arunachal tribes, the system of inheritance among the Adis also is matrilineal. No previous permission of the Kebang is necessary in these matters or for clearing jungles for the extensions of cultivation.” The rules of inheritance amongst the Adis is noted in that book as follows: “Like all Arunachal tribes, the system of inheritance among the Adis also is matrilineal. There is, however, no rules of primogeniture or ultimo geniture. All sons inherit equally, no preference being given either to the eldest or to the youngest, so far as landed property is concerned. But there need be no mathematical precision about the equality of shares. Quite often, one son takes a plot of land in one field and another in a different field with very much lesser area. Daughters and widows do not inherit any landed property. In one case cited earlier, the Kebang divided all paternal lands that tradition did not permit daughter's right of ownership over traditional landed property. In the absence of any male issue, the landed property goes to the nearest male kinsman. There is no distinction between ancestral property and self-acquired property, in matters of inheritance. The above rules of inheritance apply without modification to all classes of lands. Whether homestead, jhum land or permanent-cultivation-land.” 9. Regarding adoption I do not get anything as referred by the learned Deputy. Commissioner that there is such a custom and according to the custom, mithun of late Any ok Jopir was sacrificed when parties had failed to trace out the mithun of Esan Jopir. 10. Be that as it may, as the matter involves question of custom, under the High Court Rules this matter is to be heard by a Division Bench and accordingly place the record before Hon'ble Chief Justice to pass necessary order to place it before the Division Bench. 11. With this order, this revision petition is ordered to be placed before Hon'ble Chief Justice.