PROSAD KUMAR DHARA Vs. KAMALA KANTA DIKSHIT

JUDGEMENT

(1.) These are two applications under Article 227 of the Constitution arising out of two proceedings under the West Bengal Restoration of Alienated Land Act, 1973 being Cases Nos. 89 and 90/75-76 The respective opposite parties Kamala Kanta Dikshit and Lakshmi Kanta Dikshit initiated those proceedings for restoration of lands and buildings transferred by them in favour of the present petitioner in the year 1968.

(2.) It is not in dispute that the two brothers were the owners of a premises consisting of four rooms, verandah, kitchen and privy situate at holding No. 107, Ward No. 3 within the Tamluk Municipality. In the year 1968 the two brothers by two sale deeds transferred their respective shares in the said property to the present petitioners and the deeds recite that such sale was being made to meet the need of money for the business of the two brothers. As and when the West Bengal Restoration of Alienated Land Act, 1973, came into force, these two brothers, the transferors, initiated the aforesaid two proceedings under Section 4 of the said Act for restoration of the land so transferred,

(3.) Section 4 provides that where before the commencement of the Act a person being the transferor holding not more than 2 hectares of land in the aggregate on the date of transfer transferred the whole or any part of his land by sale to any person being the transferee, then, on fulfillment of certain conditions, the transferor may make an application to the Special Officer for restoration of such land to him. One out of the two alternative conditions to be fulfilled is that the transfer must have been made after the expiry of the year 1967 and must be in distress or in need of money for maintenance of the transferor or his family or for meeting the costs of his cultivation. 'Land' referred to in Section 4 has been defined by the Act to mean agricultural land and includes homestead, tank, well and water-channel.