TIRATABASINI DASL Vs. BILAT ALI MONDAL AND ORS.

JUDGEMENT

(1.) This is an application in revision under section 115 of the Code of Civil Procedure against an appellate order passed by Mr. D.N. Das Gupta, learned Subordinate Judge, 1st Court. Alipore, affirming an order of a learned Munsif directing the return of a plaints filed by the petitioner for recovery of the price of bhag produce due in his share.

(2.) The plaintiff's allegation is that in the year 1353 B.S. (1946-47), the defendants cultivated his land under the tern known as barga, but failed to deliver the produce in that year as stipulated. The plaintiff therefore prayed for recovery of the price of the produce due in his share. It is not disputed that the dispute over the delivery of the bhag produce arose in the year, 1353 B.S. (1946-47).

(3.) The defence to the suit inter alia, is that the suit is not maintainable in a civil court, it being barred under the provisions of section 9 of the West Bengal Bargadars Act (Act II of 1950)