MOHAMMAD ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein has assailed the judgment and order dated 3rd August, 2011 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 622 of 2007 whereby the said learned Tribunal dismissed the aforesaid 2 application filed by the petitioner herein. The factual background leading to filing of this application are as follows :-

(2.) The subject land originally belonged to Zamindar Kalicharan Nag Chowdhury, who settled the said land in favour of one Anukul Chandra Dutta. Thereafter, said Anukul Chandra Dutta settled the land by a registered deed of Kabuliyat being No. 3981 of 1939 in favour of Mustakim Mallick, Goljer Mallick, Khater Mallick and Abuhakkar Mallick. The mother of the petitioner Mst. Tachirannessa Bibi purchased the said land from the aforesaid Mustakim Mallick and others by a registered deed being No. 8772 dated 16th July, 1962. The mother of the petitioner after purchasing the said land by the aforesaid registered deed was in possession of the same and after the death of Mst. Tachirannessa Bibi present petitioner being the only legal heir inherited the property and is possessing the same.

(3.) It is the specific case of the petitioner that the names of the vendors of his mother namely, Mustakim Mallick and others, who got the land through a registered deed of Kabuliyat being No. 3981 of 1939, were not recorded in the RS record of rights in Column No. 13 as raiyat during the RS settlement operation and by mistake the names were recorded in Column No. 23 that is in the remarks Column as permissive possessor and the name of the Zamindar Kalicharan Nag Chowdhury was also recorded therein. In the year 1966, mother of the petitioner came to know that due to the aforesaid erroneous recording in the RS record of rights aforesaid land had vested to the State. 3