SANG DAKPU ALIAS SHRI SANGRA Vs. NETAN WANGMU

JUDGEMENT

(1.) This is an application under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 read with Article 227 of the Constitution of India, whereby the judgment and order dated 22-11-95 passed by the Deputy Commissioner, Tawang in Civil Case No. T J/90/95 has been challenged.

(2.) We have heard Shri G.N. Sahewalla, learned counsel for the petitioner and Shri G.K. Bhattacharjee, learned counsel for the opposite party.

(3.) At the very outset it is considered necessary to spell out the powers of this Court under Section 50 of the Regulation, 1945. Here we may refer to an earlier decision of this Court in Sang Phuntso, Gaon Bura of Jang Village v. Darjee Mindu in (1983) 1 GLR (NOC) 36, the learned single Judge while interpreting the Rules 37, 38 of the Regulation 1945 observed that the village authorities have certain limited jurisdiction to try some specific cases and no village authority has been conferred powers to decide right, title and interest of immovable property involviing determination of complex disputes including Customary Laws. In addition, this Court in the aforesaidjudgment also held that if the subject-matter of the suit is not less than Rs. 500/- or if the suit involves a question of tribal rights or customs or the right to or possession of immovable property, an appeal lies to the High Court. An appeal which lies to the Deputy Commissioner or High Court may be presented to the Asstt. Commissioner who shall, if it is in order and presented in due time, transmit it with records to the appropriate authority. Under Rule 50 of the Regulation, the High Court has also the powers to call for the proceedings of any original case or appeal decided by the Deputy Commissioner and not appealable under the Regulation and may pass such order as may be considered necessary.