DWARKA NATH BAYEN Vs. SATAN BAYEN

JUDGEMENT

(1.) This appeal is by the Plaintiff and it arises out of a suit for a declaration that an order passed by the Collector under Sec. 4 of the West Bengal Alienation of Land (Temporary Provisions) Act, 1954 (W.B. XXXVII of 1954), in respect of the disputed land was void, inoperative, illegal" and without jurisdiction and for a perpetual injunction to restrain the Defendant from interfering with the possession of the Plaintiff therein on the basis of that order.

(2.) The suit has been dismissed by both the Courts below. Hence, this Second Appeal by the Plaintiff.

(3.) The relevant facts lie within a short compass. The Plaintiff pre -empted the disputed transfer of the suit property from the original transferee under Sec. 26F of the Bengal Tenancy Act and was in possession of the same at the date of the relative application under Sec. 4 of the above Act. Notice was issued to him of the said proceedings and, in pursuance of the same, he appeared therein and, eventually, the Collector's order directed restoration of the disputed land to the Respondent No. 1 on payment of certain compensation to the Plaintiff -Appellant as determined by the Collector.