SONARAM NOKMA Vs. JORAN NOKMA

JUDGEMENT

(1.) This is a petition of revision from the order of the Deputy Commissioner, Garo Hills, by which he declined to review the order of his predecessor in office dated 15th April 1948, under Rule 35 of the rules framed for the Administration of Justice and Police in the Garo Hills District.

(2.) This case came up for hearing originally before the Honourable the Acting Chief Justice. He directed that it may be placed before a Division Bench of this Court as he wanted to hear the Advocate-General on the question as to whether the powers of the Governor in his personal capacity had been transferred to and were exercisable by the High Court. The learned Advocate-General appeared and conceded that the revisional jurisdiction under Rule 35 now rests in the High Court. The learned Counsel for the parties are also agreed in this view.

(3.) The original order of the Deputy Commissioner of Garo Hills dated 15th April 1948 laid down that in effect the dispute as to the boundary was between Joran Nokma and Sonaram Nokma, and acting on the Sub-Deputy Collector's report, he found the claim of Sonaram Nokma to be false and directed Sonaram Nokma to deliver possession to Joran Nokma. He also ordered that Sonaram Nokma shall pay Rs. 25 as compensation to Joran Nokma.