SALIGRAM RAI CHUNILAL BAHADUR AND CO. Vs. JAJNA CH. GOSWAMI AND ANR.

JUDGEMENT

(1.) THESE are two appeals under Section 147. Assam Land and Revenue Regulation, 1886, directed against two orders passed by the learned Deputy Commissioner of Nowgong, dated 20th September 1949 and 24th October 1949. The order, dated 24th October 1949 is not an independent order but a continuation of the order passed by the Deputy Commissioner on 20th September 1949.

(2.) THE facta material to the appeals are these: Saligram Rai Chunilal Bahadur & Co., of Haiborgaon, District Nowgong, purchased periodic dag No. 667 of Haiborgaon Town from Messrs. Askaran Surujmall alias Surajmall Meghraj in 1933, built a house on it and have been in occupation of it ever since. Dag No. 403 forms the frontage of dag No. 667.

(3.) ON 21st May 1948, the appellants formally applied to the Deputy Commissioner, Nowgong, for a settlement of a peace of land from the frontage of dag No. 667, measuring some 16 lessas. In due course, their application was recommended by the then Deputy Commissioner. But in 1949, the Land Settlement Advisory Committee declined to recommend settlement with the appellants and the Deputy Commissioner thereupon rejected the appellants petition on Such September 1949; on 24th October 1949, the Deputy Commissioner settled the entire dag NO. 403 with respondent 1 and put him in possession on 27th October 1949. It is against this order that the appellants have filed the present appeals.