RATHINDRA NATH ADHIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is directed against the order dated 12/06/1978 passed by the Additional District Judge, 3rd Court, Burdwan in Misc. Appeal No.126 /11 of 1977 reversing the order dated 21/08/1977 of Shri D.K.Chakraborty. Subordinate Judge, Burdwan in Misc. Case No.56 of 1975.

(2.) The facts, of the case are in brief as follows :

(3.) The petitioner is owner and in khas possession of Plot Nos. 1263 and 1264, Mouza : Hargram, P. S. Bhatat, Dist. Burdwan, The petitioner is an occupancy tenant, Mouza : Hargram. One Kanaklata Ghosh, since deceased was the owner of 3,71/2 acres of land having a Jama of 13.4/ 3 paise in Mouza : Hargram, P.S.Bhatar, Dist. Burdwan. The said Kanaklata Ghosh by a registered deed of sale sold the aforesaid land to one Kanai Chandra Samanta, Respondent No.4 herein on 27/06/1975 for a consideration of Rs, 6,000/-. Shri Kanai Chandra Samanta is a purchaser whereas the petitioner is owner and in khas possession of plots Nos.1263 and 1264 contigious to plots Nos.1265 and 1270 is also contigious to west plot No.1265. The petitioner became owner of plots No.1263, 1264 and 1270 on the basis of Nirupan Patra dated 15/03/1974 executed by one Uma Sundar Ghosh the paternal grand-father of the petitioner. The transfer of land by Kanaklata Ghosh in favour of respondent No.4 was not within the knowledge of the petitioner. The petitioner came to know of the said transfer after obtaining the certified copy on 8th day of September, 1978. Immediately thereafter, the petitioner filed an application under Ss.8 and 9 of the West Bengal Land Rules Act before the Subordinate Judge, Burdwan. The appropriate authority and the petitioner then deposited Rs. 6,000.00 as consideration money and Rs. 600.00 being the legal compensation thereon for pre-empting the interest transferred to the respondent No.4. The Respondent No.4 then filed written objection contending inter alia-