GIRIDHARILAL SURANA Vs. MIRZAMAL AGARWALLA

JUDGEMENT

(1.) THIS order shall be read in continuation of this Court's order of remand dated 9 -2 -1951.

(2.) BY the order of remand, the learned Subordinate Judge was directed to give a finding on the question whether the house in suit is situated within the limits of the territorial jurisdiction of the Subordinate Judge, Shillong. He has answered the question in the affirmative.

(3.) THE Learned Counsel for defendant -appellant has referred us to Notification No. SK/40/48/83 dated 1st June 1949 by which the Khasi State (Application of laws) Order, 1949 promulgated by the Governor of Assam was notified. Section 2 (a) of this Order defines "Shillong Administered Areas". The order also enumerates all Acts that apply to the Khasi States or the "Shillong Administered Areas", which are part of the Khasi States. The Learned Counsel points out that the administration of justice in the Khasi States is regulated by the Khasi States (Administration of Justice) Order, 1950. The Order was promulgated by the Governor of Assam, in the exercise of the powers conferred on him by S. 4 of the Extra Provincial Jurisdiction Act, 1947 (XLVII (47) of 1947) as delegated to him by the Government of India in the Ministry of States.