Karim Bepari and Others Vs The State of Assam

Gauhati High Court 19 May 1950 Revenue Appeal No. 1 of 1950 (1950) 05 GAU CK 0007
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Revenue Appeal No. 1 of 1950

Hon'ble Bench

T.V. Thadani, C.J

Advocates

J.C. Medhi, for the Appellant; K.R. Barman, Government Advocate, for the Respondent

Acts Referred
  • Assam Land and Revenue Regulation, 1886 - Section 148

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

Thadani, C.J.@mdashIn this case, Mr. Barman for the State of Assam has taken a preliminary objection namely that the appeal is out of time. The objection must prevail. The order of eviction in this case was passed on 12-10-1949. The appeal should have been filed by 12-12-1949, but it was filed on 19-12-1949. No appln. has been made for condoning the delay u/s 148 of the Regulation. Mr. Medhi has contended that after the order was passed on 12-10-1949, he raised certain objections which were decided after November; that may be so. There is no provision in the Regulation enabling a party to raise objections after an order of eviction has been passed. If the learned Deputy Commissioner entertained any objections after he had passed the order of eviction, they cannot be considered for the purposes of the law of limitation. The result is that the appeal is dismissed with ho order as to costs.

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