AYUB KHAN Vs. MAHADEB DOLUI

JUDGEMENT

(1.) These four revisional applications arise from a proceeding initiated under Section 8 of the West Bengal Land Reforms Act, at the instance of the different purchasers against the common petitioner challenging the judgment of affirmance passed by the Additional District Judge, Fast Track Court, Uluberia in Miscellaneous Appeal No. 4 of 2008. Originally, the property in question, comprised in R.S. Khatian No. 434 and R.S. Dag No. 1024 under Mouza Karatberia, J.L. No. 64, Police Station- Uluberia, District- Howrah measuring 103 Satak i.e. 1 Acre 3 Satak belonged to one Promotha Nath Ghosh since deceased. The said owner died intestate leaving behind four sons namely Ashoke Kumar Ghosh, Amiya Kumar Ghosh, Ajit Kumar Ghosh and Ashim Kumar Ghosh.

(2.) In the L.R. Record, the said R.S. Khatian No. 434 was recorded to have been proportionately divided in the names of the said four heirs, in the manner, that the Ashoke Kumar Ghosh is holding 23 Satak under Khatian No. 45 Dag No. 837, Amiya Kumar Ghosh under Khatian No. 39 Dag No. 837 measuring 23 Satak of land, Ajit Kumar Ghosh under Khatian No. 3 Dag No. 837 measuring 25 Satak of land and Ashim Kumar Ghosh under Khatian No. 47 Dag No. 837 measuring 26 Satak of land. By oral settlement and/or arrangement, the aforesaid four owners settled among themselves and the Ajit Kumar Ghosh was agreed to hold 39 Satak of land, Ashim Kumar Ghosh 31 Satak of land, Ashoke Kumar Ghosh 16 1/2 Satak of land and Amiya Kumar Ghosh shall hold 16 1/2 Satak of land out of the total area of land namely 1 Acre 3 Satak.

(3.) The said Ajit Kumar Ghosh sold, transferred and conveyed the said 39 Satak of land to Ayub Khan by executing the sale deed on September 27, 2001 which was registered in the office of the Registrar on November 7, 2001. Simultaneously, therewith the other three brothers also executed the sale deed on the same date which were also registered on the same date divesting their entire shares in favour of the transferees. The said transferees after acquiring the said property are possessing the same and also doing cultivation therein.