P.K.GOSWAMI, M.C.PATHAK
Abdul Gani Sarkar – Appellant
Versus
Assam Board of Revenue and Ors. – Respondent
This Rule was obtained against the order of the Board of Revenue allowing the application of the respondents under section 81 read with section 151 of the Assam Land and Revenue Regulation, hereinafter called the Regulation'.
2. The respondents' case before the Board was that they purchased by registered sale deed some time in 1961 the periodic patta lands of the defaulting pattadar who had defaulted in respect of two annual patta lands covered by annual pattas 144 and 127, respectively. There was default with regard to land revenue of these annual pattas for the years 1366 and 1367-68 B. S., respectively. Attempt to attach and sell the movables of the defaulting pattadar was abortive. It is rather intriguing and curious that a defaulting pattadar, who owned as much as 19 Bighas of periodic patta land and was in a position to sell it In 1P81 for Rs. 8000/- and odd, was not found to be owning sufficient movables to meet the demand of land revenue of about Rs. 497- or so. At any rate, after the attempt to sell the movables failed, the Deputy Commissioner sold the periodic patta land of the defaulting pattadar tinder section 70 of the Regulation. The purchasers of
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