NARAYAN CHANDRA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE Rules were obtained together, on 20. 12. 76, as points involved are the same.

(2.) IT has been stated that long before the coming into force of the West Bengal estates Acquisition Act, 1953, the petitioners acquired the lands as mentioned in the petitions. The particulars of lands have been mentioned in the petitions. It has been stated that since such acquisition of the concerned lands from the respondent-settlors, the said settlor had lost all interest and possession of the lands in question were still are with the petitioners.

(3.) IT was the case of the petitioners that revisional settlement operations under the West Bengal Estates Acquisition act, 1953 (hereinafter referred to as the said Act) were started duly and at that time, they got their names recorded, initially in the draft record-of-rights and subsequently, to the finally published record-of-rights. It was claimed that long after such final publication, on or about 27. 3. 69, suo motu proceedings under Section 44 (2a)of the said Act, were issued in respect of the lands in question, for revision of the record-of-rights, on the allegations that there were suspicion about the genuineness of the transfers and the manner in which the petitioners, acquired the lands in question. It was the further case of the petitioners, that they duly entered appearance in the proceedings and challenged the jurisdiction of the authority concerned, to question the genuineness of the transfers in question and that apart, they produced necessary evidence, both oral and documentary, to prove their possession in "respect of the concerned lands.