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1959 Supreme(Pat) 37

R.K.CHOUDHARY, V.RAMASWAMI
Bansidhar Lal – Appellant
Versus
Asst. Custodian, Evacuee Property – Respondent


Judgment

1. In this case opposite party No. 1, that is, the Assistant Custodian of Evacuee Property of Sasaram, made a requisition under Sec. 5 of the Bihar and Orissa Public Demands Recovery Act to the Certificate Officer, Sasaram, against the petitioner Bansidhar Lal in regard to arrears of house rent from the 1st of July, 1947, to the 21st of May, 1953, due to the evacuee under Sec.10 (2) (i) of the Administration of Evacuee Property Act, The petitioner filed an objection petition before the Certificate Officer denying his liability. The objection was dismissed by the Certificate Officer and the order of dismissal was affirmed by the Collector of Shahabad in appeal. The petitioner took the matter in revision to the Commissioner of Patna Division, and on the 24th October, 1955. the Commissioner held that the Certificate Officer was entitled only to recover rent payable within three years preceding the date of requisition, and recovery of the balance of the amount was barred by limitation under Article 110 of the Indian Limitation Act, Against this order opposite party No. 1 applied in revision before the Board of Revenue, but the. application was dismissed summarily by the Board o















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