The sole question of law that arises in this appeal is whether the Courts below were justified in entertaining the suit of the plaintiff and decreeing the same in view of the provision of section 1 4 (1) (a) of the Assam Land and Revenue Regulation, 1886.

The facts of the case, relevant for disposal of the present appeal, may be briefly stated as follows : The plaintiff (respondent No 1 herein) had been granted an annual patta in respect of the suit land on 19. 12. 61. His case is fiat since then he was in possession of the said land and had been paying the land revenue. During the settlement operation, the defendants (appellants herein) put in an objection before the Assistant Settlement Officer claiming the suit land. The Assistant Settlement Officer, hereinafter "A.S.O” by order dated 27. 3. 67 held that the annual patta had been wrongly issued in favour of the plaintiff. The plaintiff being aggrieved by the aforesaid order of the A.S.O., canceling the annual patta earlier issued in his favour, filed a suit in the Court of Munsiff, Nagaon for declaration of his right, title and interest and confirmation of possession over the land covered by the said annual patta. Th3 defendants

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