BRAJA GOPAL MAITY Vs. NARENDRA NATH BERA

JUDGEMENT

(1.) The present application being CAN No. 7531 of 2012 has been submitted under Order XVI Rule 27 of the Code of Civil Procedure.

(2.) The case of the petitioner is that the above mentioned Second Appeal was filed in the Hon'ble Court in 1994 against the judgment and decree dated 10th December, 1993 passed in Title Appeal No. 59 of 1993. The said appeal was admitted on 18.2.97. During pendency of the appeal due of subsequent events some documents have been collected by the applicant and the applicant wants to file such documents as additional documents for proper adjudication. The defendant/respondent made two applications to the Block Land & Land Reforms Officer, Khejuri-II for having his name recorded as Bargadar in respect of the plot nos. 854, 855, 856 861, Khatian No. 577 of Mouza Mehdinagar, Dist. Purba Medinipur being Operation Barga Case No. 51 of 1990 and for recording his name as raiyati settlement under the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975 in respect of plot No. 855, Khatian No. 577 of Mouza Mehdinagar, Dist. Purba Medinipur being Case No. 2 of 1994. By order dated 5.2.1991, the Operation Barga Case No. 51 of 1990 has been dropped. Again a Misc. Case (suo motu) was started by the Revenue Officer on 4.10.1991 for recording the name of the defendant/respondent as Bargadar. By order dated 14.10.1993 passed by the Revenue Officer the proceeding being Misc. Case No. 41 of 1991 has been disposed of with the order holding inter alia that "Sri Narendra Nath Bera, s/o. Late Raghunath Bera is the bargadar in respect of the plot No. 854 and plot No. 856 for at least 15 years. Hence may be recorded as Bargadar against the two plots". Sri Narendra Nath Bera made his application for recording his name as Bargadar in respect of plot nos. 854, 855, 856 and 861 JL No. 577 of Mouza Mehdinagar, Dist. Purba Medinipur but the Revenue Officer passed order in favour of Bera in respect of two plots only nos. 854 and 856.

(3.) Challenging the order passed by the Revenue Officer an appeal under Section 54 of the West Bengal Land Reforms Act being Appeal Case No. 78(T) of 1994 was preferred. The said appeal has been disposed of by order dated 30.6.1998 with the observation made inter alia that