SAONA MURA Vs. CHARTHEY TERON

JUDGEMENT

(1.) THIS is an appeal under Section 147(b) , Assam Land and Revenue Regulation directed against are order of the learned Deputy Commissioner, Nowgong, dated 11 -11 -48, by which he cancelled a periodic patta which had been Issued to the appellant and ordered a fresh periodic patta for the entire area to be issued in favour of the respondent.

(2.) IT appears that in the first instance this patta was originally granted to the father of the appellant, who committed a default in the payment of the arrears of land revenue, resulting: in the cancellation of his patta. After the appellant's father's patta had been cancelled, it was re -settled upon the respondent. Somehow or other the appellant prevailed upon the respondent to share the land covered by the periodic Patta with him. Shortly afterwards there was an amicable partition between the appellant and the respondent, a partition which was apparently recognised by the revenue authorities. In pursuance of this partition the revenue authorities -issued two separate periodic pattas one in favour of the appellant and the other in favour of the respondent. Against the grant of the two separate periodic pattas, an appeal was preferred by the respondent to the Deputy Commissioner, Nowgong, and it is against the order passed by the learned D.C., Nowgong, that the appellant has preferred this appeal.

(3.) IN this case, It is not disputed that there was no default is the payment of land revenue.