MUZAFAR SHEIK Vs. JAHURUDDIN SHEIKH

JUDGEMENT

(1.) This is an appeal against an order of the learned Deputy Commissioner of Nowgong, dated 25th March 1949, by which he set aside an order of the S. D. C., dated 6th Jan. 1949, by which he had removed the name of Jahuruddin Sheik from the Mutation Register. On appeal by Jahuruddin to the Deputy Commissioner, the learned Deputy Commissioner set aside the order of the S. D. C. Muzafar Sheik has now appealed to this Court seeking to have his name restored in the Mutation Register.

(2.) It is conceded by Mr. Lahiri for Muzafar Sheik, the appellant, that the order in the Field Mutation Register in favour of the respondent Jahuruddin was made on 10th Aug. 1933; i. e., before the Assam Land and Revenue (Amendment) Act 1946 (Act XI11. of 1946) came into force, there was no time-limit for filing an application under Sec. 53A, Sub-section (2). But by Sec. 2, Assam Land and Revenue (Amendment) Act of 1946 (Act XI11. of 1946) in Sub-section (2) of Sec. 63A of the principal Regulation, namely, the Assam Land and Revenue Regulation, between the words 'may' and 'apply,' the words 'within a period of three years of the date of such order' have been inserted. Sub-section (2) of Sec. 53A of the Regulation will, therefore, read thus:

(3.) It is common ground that the appellant in this case applied to the Deputy Commissioner to have his name entered in the Mutation Register on 1st July 1947 and the Assam Land and Revenue (Amendment) Act, 1946, came into force on 2nd Jan. 1947. Mr. Lahiri for the appellant contends that the amendment Act has no application to an order such as the one passed in this case, for if 3 years period applies to the order in this case made on 10th Aug. 1943, the application would have been barred in Aug. 1946. He contends that it was not the intention of the Legislature to apply the Assam Land and Revenue (Amendment) Act of 1946 to orders which had been passed before the Act came into force namely on 2nd Jan. 1947.