MAHESWAR TALUKDAR Vs. BHUPENDRA KALITA

JUDGEMENT

(1.) THESE are two analogous appeals confined to old Dag no. 305 and new Dag No. 187 of an annual patta of village Nowgnon in the subdivision of Borpeta.

(2.) THE land is claimed by two parties Maheswar Talukdar and Bhupendra Kalita alias Bhabendra Mohan Patbak and others, Revenue Appeal No. 18/51 being filed by Maheswar Talukdar and Revenue Appeal No. 19/51 by Bhabendra Mohan Pathak and others.

(3.) EVIDENCE was adduced by both parties before the Sub -Deputy Collector after the case came hack on remand and Mr. S. Rajkumar, Sub - Deputy Collector by his order dated 31 -5 -1047 found that neither party could eatablish legal possession in view of the fact that Maheswar was a transferee from Rameswar and Dandiram claimed to have had the land from Dharmeswar on lease. According to him an annual Patta -holder could neither lease out the land nor transfer it and as such he recognised nobody's possession as valid in the eye of law. The Additional Deputy Commissioner who heard the appeal from the order of the Sub -Deputy Collector dated 31 -5 -1947 held that both parties failed to establish possession in the eye of law as found by the Sub -Deputy Collector and as such he dismissed the appeal. The present appeal is filed against this order of the Additional Deputy Commissioner dated 24 -11 -1950. It is regrettable that an appeal which was filed sometime in 1947 before the Additional Deputy Commissioner should have been heard by the end of the year 1950; that means the appeal was held up for nearly two years and a half.