BECHURAM SANA Vs. SHISHIR MUKHOPADHAYAY

JUDGEMENT

(1.) This application is directed against the Order No. 24 dated June 9, 2009 passed by the learned Civil Judge(Junior Division), Ghatal, Paschim Medinipur in Title Suit No. 80of 2007 thereby rejecting an application dated March 13, 2009 filed by the Defendant for reference.

(2.) The short fact necessary for the purpose of disposal of this application is that the opposite party Nos. 1 to 14 filed the instant suit being Title Suit No. 80 of 2007 for declaration of title, injunction and other reliefs against the Defendant No. 1 and other proforma Defendants before the learned Civil Judge (Junior Division), Ghatal.

(3.) The Defendant / Petitioner herein entered appearance in the said suit and he is contesting the suit by filing a written statement controverting all the material allegations raised by the Plaintiffs in their suit. It is the specific contention of the Defendant that he was an Agricultural Labourer under Late Anil Sannasi and for his act of labour, the said Annil Sannasi, when alive, constructed a chhitabera hut and conferred the said hut with the land to the Defendant for stay thereat for livelihood. This happened in the year 1381 B.S. Since then, the Defendant is in possession of the said land. The record of rights in L.R. record had been made in his name with knowledge to the Plaintiff. The Defendant filed an application for referring the matter to the Collector under Sec. 9 of the West Bengal Acquisition of Homestead Land for Agricultural Labours, Artisans and Fishermen Act, 1975 (henceforth shall be called as "the said Act"). The Plaintiffs raised objection against that application. The learned Trial Judge rejected the said application upon hearing both the sides. Being aggrieved, this application has been preferred.