BANAMALI ROY Vs. PREMDAYAL CHAUDHURY AND OTHERS

JUDGEMENT

(1.) THIS is a revenue appeal under the provisions of S. 147 of the Assam Land and Revenue Regulation, directed against an order of the learned Deputy Commissioner of Cachar, dated 10 -4 -1951, by which he disallowed the prayer of the appellant claiming that the house in his possession is not liable to be demolished.

(2.) THE learned D. C., in disposing, of the claim of the appellant, namely, that the house in his possession is not liable to be demolished, took the view that the appellant should have come at an earlier stage of the proceedings with his claim, presumably meaning that he should have come before the perfect partition was made. From the order of the learned D.C., it appears that he was under the impression that S. 116 -A of the Assam Land and Revenue Regulation was in some way or other involved, for, he says:

(3.) THE result is that the perfect partition made by the learned D.C., will remain, but the order will be modified in these terms: That Bonomali shall be allowed to retain the house in his possession on condition of his paying a reasonable ground rent to the Opposite Party.