SAMBHUMHTH PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BEING aggrieved by the order of the additional District Magistrate (L. R.), Midnapore dismissing his appeal preferred against an order of the Revenue Officer, garhbeta under section 14t (3) of the west Bengal Lend Reforms Act, 1955, the petitioner filed this Writ Application. Notices have been served upon the respondents and they have appeared to oppose the Application

(2.) TWO principal questions arise for determination. While conducting a preceding under section 14t of the West bengal Land Reforms Act, 1955, whether the Revenue Officer has any jurisdiction to decide the bonafides of a transfer made before 7th August, 1969. In other words, can the Revenue Officer lawfully determine whether a transfer made by a raiyat on 7th August 1969 or on and earlier date was a benami transaction and also can he enquire as to whether a land purchased from a third party prior to 7th August, 1969 in the name of his son was really made on behalf of the raiyat himself, Second point is when another person has a life interest in a plot of land and the raiyat has a vested remainder therein, whether for the purposes of section 14s and 14t of the West bengal Land Reforms Act, 195'5, the raiyat, who has only vested remainder, can be considered as owning the said land which is in possession of a holder of life estate.

(3.) THE petitioner has alleged that by two registered deeds respectively dated 29th September, 1950 and 2nd August, 1950 be had gifted life estate in favour of his brother's widow, Lichu Bala, in respect of 82 decimals and 95 decimals of land. After Lichu Bala's death, the said properties are to revert back to the petitioner. On 7tb August, 1969 Lichu bala was alive, and she is stil alive. According to the petitioner Lichu bala continues to be in possession of the properties gifted to her for life and during R. S. operations the said land had been recorded in her name.