DIPTI CHAKRABORTY Vs. ASHISH BHATTACHARJEE

JUDGEMENT

(1.) This revision petitionseeks to challenge the order of the Assistant to Deputy Commissioner, East Khasi Hills, Shillong dated 12.4.2016, whereby the application filed by the petitioner/defendant under Order VIIRule 11CPC has been dismissed. The petitioner/defendant in the applicationraised the following arguments:

(2.) While dealing with the argumentthat the jurisdiction of the Court is expressly barred by the provision of the Assam Land AndRevenue Regulation,1886 (for short the Regulationsof 1886), learned Court below,upon considering Section154contained in Chapter IX of the said Regulationand Full Bench decision of the Gauhati High Court in Daularam Lakhani Vs. State of Assam and Ors. 1989(1)GLJ 37, held that Section 154of the Regulation does not in any manner bar the Civil Court from entertaining the suit for declaration of title and recovery of possession.

(3.) Mr. K.Paul, learned counsel for the petitioner argued that the case set up by the defendant before the Court below was that clauses (a) and (c) of Section 154(1) would be attracted, but the fact is that actually Section 154 was substituted by new Section 154 vide the Meghalaya Land and Revenue Regulation (Application And Amendment) Act, 1972 (for short the Act of 1972), the impugned order has thus been passed relying on un-amended Section154 of the originally promulgated Regulations of1886 which contained as many as fourteenprohibitory clauses viz.,(a) to (n).