MEHAR SHEIK Vs. HAMIDA KHATUN

JUDGEMENT

(1.) THIS is an appeal under Section 9 of the Assam Adhiars Protection and Regulation Act, 1948 (Assam Act XII of 1948). It is directed against an order dated 25 -11 -1952 passed by Mr. B. M. Dam, Additional Deputy Commissioner of Goalpara.

(2.) IT arises out of an application under Section 5 of the said Act filed by the Respondent for eviction of the Appellant from certain lands on the grounds mentioned in Clauses (ii) and (iii) of S. 5. It was alleged that the Appellant had been misusing the land so as to render it unlit for cultivation and that he had not paid the paddy rent or the share of the adhiar crops to the Respondent. ....

(3.) THE said application came to be heard eventually by the Additional Deputy Commissioner who I must say in a well dismissed order disposed of the matter. The officer found that the allegations of the Appellant were incorrect; that he had executed the registered adhinama in favour of the Respondent and that he was in possession of the land under the adhinama in question.