NIL RATAN BANERJI Vs. SANAT KUMAR BHOSE

JUDGEMENT

(1.) This is an appeal by the Plaintiff against a decision of Sri K. ST. Chakrabarti, learned Subordinate Judge, Bankura, reversing a decision of the learned Munsif, first court of that place.

(2.) The suit out of which this appeal has arisen, was for a declaration that the first order passed by the Collector on January 29, 1946, in Miscellaneous Case No. 729 of 1945-46 under the Bengal Alienation of Agricultural Land (Temporary Provisions) Act (Bengal Act v. of 1944) is illegal, void and ultra vires and for a further declaration that the Plaintiff's title to the lands purchased has not been affected by the said order. There is also a prayer for permanent injunction restraining the Defendant from disturbing the Plaintiff's possession in the suit lands.

(3.) The defence was that the order passed by the Collector is final and a civil court has no jurisdiction to go into this matter. The learned Munsif decreed the Plaintiffs suit and made the necessary declarations which are set out in his order.