SOMESWAR CHAUDHURY Vs. PROVINCE OF ASSAM

JUDGEMENT

(1.) In this case, Mr. Barman for the Government has taken a preliminary objection as to limitation contending that the appeal has been filed long after the period of limitation. It is contended by Mr. Barman that the order in question was made by the Deputy Commissioner, Kamrup, on 9th July 1947 cancelling the annual patta of the appellant and that the appeal under Sec. 148 (1) (c) should have been filed within two months of the date of the order. The appeal was in fact filed on 26th Jan. 1949.

(2.) Sub-section (3) of Sec. 148, Assam Land and Revenue Regulation, says:

(3.) In para. 5 of the petition of appeal it is stated: