Yasin Ali Mirdha And Ors. vs Radhagobinda Chowdhury And Ors. on 21 August, 1921
The proposition adopted by us is identical with that formulated in Brojendra Kishore Ray Chowdhury v. Kali Kumar Chowdhury 46 Ind. Cas. 967 : 46 C. 236. But we have not plated reliance upon that case; as one of the arguments assigned in support of the decision appears on examination to be incorrect. It was assumed in that case that the Assam Land and Revenue Regulation repealed the Bengal Partition Act VIII of 1876, which in reality was not repealed by the Regulation, for the simple reason that it was never in force in Attain; indeed, it could not be, as it was passed by the Bengal Legislative Council after the separation of Assam in 1874. The Partition Law in force, when the Assam Regulation came into operation, was Regulation XIX of 1314 which was repealed by Section 2.