BIPIN PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Court has heard the learned Advocate for the plaintiff/appellant. None has appeared on behalf of the respondents at the time of hearing. The facts of the case, briefly, are as follows:

(2.) The plaintiff/appellant filed title suit No. 90 of 1976 against the respondents praying for a decree for declaration of title and injunction. Such suit was placed before the learned Third Munsif, at Tamluk, Midnapore. The plaintiff's case, in brief, was that the suit lands measuring 1 acre 22 decimals previously belonged to Manmothonath and Monoranjan Deb and in the year 1355 B. S. one Rohini Dasi, since deceased, who was the predecessor of the plaintiff, took settlement of the suit land in raiyati interest on the strength of an Amalnama dated 26 Chaitra 1355 B. S. on payment of selami to the landlords and since then Rohini was in possession of the suit land till her death. The plaintiff's further case was that Rohini paid rent to the Zamindars till 1361 B. S. but because there was no registered deed Rohini's name was not recorded in the R. S. record-of-right which incorporated the names of the former landlords erroneously. The plaintiff claimed to be the only heir of Rohini Dasi who died in 1379 B. S. and, thus, the plaintiff inherited the suit lands but as the J. L. R. O. of Raghunath Bari Circle was trying to give temporary settlement of the suit lands to others illegally the plaintiff was compelled to file the suit.

(3.) The defendant No. 1 State of West Bengal contested the said suit by filing written statement denying the material allegations made in the plaint and contending that the suit lands being non-agricultural lands could not be settled orally and the rent receipts and the unregistered Amalnama were all fictitious documents. The defendant No. 1 further alleged that the suit lands vested in the State since the intermediaries did not retain the same and the possession of the suit lands was taken by the J. L. R. O. under section 10(2) of the West Bengal Estate Acquisition Act on 24.11.1958 and those lands were distributed by way of permanent settlement to landless persons by executing 'pattas'.