TARA PROSAD LODHA Vs. REVENUE OFFICER, PARA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated February 18, 1982, passed in a review application being C.R. No. 7181(W) of 1980. By filing the said application, the writ petitioners had sought review of the judgment and order dated March 12, 1980, passed by the same learned Judge in Civil Rule No. 7803(W) of 1976.

(2.) The brief facts of the case are, one Gajadhar Lodha was the owner of substantial lands situate in the District of Purulia. Prior to becoming a part of West Bengal, the territory which is now known as Purulia was part of the State of Bihar. On February 12, 1954, the West Bengal Estates Acquisition Act, 1953, came into force. With effect from April 15, 1955, all estates and rights of intermediaries (defined in Sec. 2 (i) of the 1953 Act as a proprietor, tenure-holder, under-tenure-holder or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenureholder and, in relation to mines and minerals, includes a lessee and a sublessee) vested in the State (except for the District of Purulia since Purulia was then not a part of West Bengal). With effect from April 14, 1956, all estates and rights of raiyats and under-raiyats vested in the State, except for Purulia district. On June 17, 1956, the Hindu Succession Act, 1956 came into force. On September 1, 1956, Bihar and West Bengal (Transfer of Territories) Act, 1956, came into force. On November 1, 1956, major part of Purulia was transferred to and became a part of the State of West Bengal by virtue of Sec. 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956. On September 24, 1958, the West Bengal Transfer of Territories (Assimilation of Laws) Act, 1958, came into force.

(3.) On April 2, 1962, Gajadhar died leaving behind as his legal heirs, his widow, two sons, two sons of two pre-deceased sons and four daughters.