PEARY LAL RAY CHAUDHURI Vs. SECRETARY OF STATE

JUDGEMENT

(1.) The subject-matter of this litigation is a tract of alluvial land which has been assessed by the revenue authorities under the Bengal Alluvion and Diluvion Act, 1847. The order of the Board of Revenue under Section 6 of Act IX of 1847 is embodied in a letter dated the 28th November, 1912 and a petition by the plaintiff to review the decision was rejected on the 29bh June, 1914. The present suit was thereupon instituted on the 29 June, 1915, for declaration that the disputed tract was not added land within the meaning of Section 6 of Act IX of 1847 and that the assessment was consequently without jurisdiction. The plaintiffs further prayed for consequential relief by way of refund of the sums paid by them, as revenue under protest. The suit was defended by the Secretary of State for India in Council on the merits as also on the grounds that the plaintiffs had no cause of action and no right of suit, and, further, that the suit was barred by limitation. On these pleadings, the following issues were framed: 1. Have the plaintiffs any cause of action?

(2.) Have the plaintiffs any right of suit in the present form?

(3.) Has the plaint been properly stamped?