DARPA HARI PAKHIRA Vs. SAMARENDRA NATH SEN

JUDGEMENT

(1.) This is a Rule under Article 227 of the Constitution of India obtained by the bargadars against an order of the appellate officer, Hooghly, affirming a decision of the Bhagchas Conciliation Board under Section 7, West Bengal Bargadars Act, 1950.

(2.) The opposite parties initiated a proceeding under Section 7, Bargadars Act, for delivery of the produce and for termination of cultivation of the lands by the Bargadars. The case of the opposite parties was that the disputed land belonged to one Hakim Bux Haldar and that the opposite parties obtained title to this land under a deed of exchange executed by the said Hakim Bux Haldar. It was alleged that the petitioners were bargadars under the said Hakim Bux Haldar and they were liable to pay the barga produce to the opposite parties after the execution of the deed of exchange.

(3.) This proceeding was contested by the petitioners bargadars on the ground that there was no relationship of owner & bargadar between them & the opposite parties and therefore Section 7, Bargadars Act did not apply. They also alleged that the opposite parties had acquired no title to the disputed land because the deed of exchange under which they claim to obtain title was void and inoperative. After the institution of the proceedings under Section 7, Bargadars Act, the petitioners instituted a title suit, namely, Title Suit No. 89 of 1952, in the Second Munsif's Court, Hooghly, for a declaration that no relationship of owner and bargadar exists between the opposite parties and the petitioners and as such the Bhag Chas Conciliation Board had no jurisdiction to entertain the application under the Bargadars Act.