SUBHAS CHANDRA BANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed assailing the judgment and order dated 9th August, 2010 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 548 of 2008 whereby the said learned Tribunal dismissed the application on merits.

(2.) The relevant facts which are necessary to decide the issues raised in this writ petition are stated as under:

(3.) The predecessors of the said Pal Brothers by registered Deed of Arpannama dated 22.12.1923 dedicated the properties described in the said Deed of Arpannama in favour of the family deity "Salagram Sila" (Sri Sri Narayan Jew) duly consecrated and installed in their dwelling house, namely, "Pal Building" at B.B. Ghosh Road, Burdwan. The Arpannama interalia provided for secular use of only 1/4th part of the income and usufruct of the dedicated property. Over a dispute about the collection from and management of the dedicated property a Suit being T.S. No. 274 of 1949 was filed by Sri Bishnu Pada Pal which was subsequently renumbered as Title Suit No. 197 of 1950 and ultimately disposed of by a Compromise Decree passed on 23.05.1951. Under the said Compromise Decree each brother and after his demise heirs became entitled to carry on Seva Puja for a period of three months every year. The 'Ka' Schedule property was to be partitioned by metes and bounds and debuttar funds were to be distributed among the four brothers. It was further provided that each of the brothers would have absolute title and possession. According to the terms of the Compromise Decree debottar was adjudged as "Partial" and accordingly the property in question was declared to be subject to charge for Seva Puja and heritable as well as transferable.