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1933 Supreme(All) 119

BENNET, COLLISTER
Hari Das Sahu – Appellant
Versus
Musammat Naima Bibi – Respondent


JUDGMENT

1. This is a revision arising out of a partition suit in the Court of an Assistant Collector. March 24, 1920, was fixed for filing objections u/s 110 of the Land Revenue Act. No objections were filed within the period allowed by law. The partition proceedings were then begun, and seven years later objections were put in by certain persons claiming proprietary right in a market. Order on those objections were passed by the partision officer on August 9, 1927. Appeals were filed and final orders were passed by the Board of Revenue on November 6, 1930. On July 5, 1930, the partition officer had allotted the whole of the above mentioned market to two persons, Musammat haima and Mehhdi Husain, and his order was upheld in appeal on December 8, 1930. On July 21, 1931, Hari Das, the present applicant, filed an objection before the partition officer in which he claimed a share in the said market. That objection was dismissed by the partition officer on September 7, 1931. Hari Das appealed to the District Judge and the latter has found that no appeal lies to his court and has accordingly returned it for presentation to the proper court.

2. This objection of Hari Das was made long afte

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