- (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 Section 148 (1) (c) should have been filed within two months of the date of the order. The appeal was in fact filed on 26th January 1949.
(2.) Sub-section (3) of Section 148, Assam Land and Revenue Regulation, says: An appeal may be admitted after the period of limitation prescribed therefore by this section when the appellant satisfies the tribunal or officer to whom he appeals that be had sufficient cause for not presenting the appeal within that period.
(3.) In para. 5 of the petition of appeal it is stated: That, to the great surprise of the humble appellant, he came to learn on 3rd December 1948 that not only no orders regarding issue of periodic patta had been passed, but on the contrary, by an order which was not communicated to the appellant, the Deputy Commissioner, Kamrup, had by his order dated 23rd February 1948, passed a composite order as to this land along with some Government lands (for which no pattas had ever been issued to any body) that the land would not be settled. The appellant further came to learn on that date (3rd December 1948) for the first time that the annual pattas had been cancelled on 9th July 1947 without the service of any non-renewal notice on him.;