SRI DURGADHAR SONOWAL Vs. DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) THE Petitioner impugns the judgment of the Assam Board of Revenue dated 20 -7 -87 passed in Case No. 72 E (L) of 1987 allowing the appeal, setting aside the settlement of the North Lakhimpur C.S. No. 1 which was in favour of the Petitioner, and settling that C.S. Shop with Respondent.

(2.) MR . S.N. Bhuyan, the learned Counsel for the Petitioner (sic)sails the impugned judgment on various, grounds, namely, that on the date of hearing the Appellant before the Board produced a certificate dated 14.6.87 from the Mouzadar of Tel(sic) Mouza showing the relationship between the Appellant and his financier Sri Kushal Datta. The Appellant also produced pass books on the date of hearing i.e. 6 -7 -87 and these pieces of additional evidence were received by the Board in (sic)plation of Regulation 17 of the Assam Board of Revenue Regulation, 1963 and in violation of the principle of natural justice which have prejudiced instant Petitioner's case before the Board wherefore the impugned judgment is liable to be set aside.

(3.) REGULATION I, 1963 framed under Section 13 of the Assam Board Revenue Act, 1962 and as such applicable to the Board provides as follows: