RITASHREE BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this case the father of the appellant Ranjit Pal Chowdhury executed a registered deed of patta on 23rd March, 1953 settling certain lands (16.64 acres) in favour of her daughter who was then 5 years old represented by her mother and guardian. This document included the present lands in question measuring about 3.64 acres recorded as orchard (Bagan). In the return submitted by Ranjit Pal Chowdhury in 'B' Form under the West Bengal Estates Acquisition Act (WBEA Act), the entire 16.64 acres of land settled in favour of Ritashree Pal Chowdhury was retained by her father Ranjit Pal Chowdhury. On the strength of the retention, the land was recorded in the R. S. record-of-rights in the name Ritashree Pal Chowdhury. Mr. Mukherjee submits that Ritashree Pal Chowdhury was married on 12th December, 1970 (page 65 of the Supplementary Paper Book); viz : before the family ceiling introduced under the West Bengal Land Reforms (Amendment) Act, 1969 became effective i.e., 15th February. 1971.

(2.) It appears that a proceeding under section 57 read with section 44(2A) under the WBEA Act was initiated against Ranjit Pal Chowdhury being Case No. 193 of 1968. In the said proceeding, the record-of-right was corrected and the land was recorded within the estate of Ranjit Pal Chowdhury on the ground that the deed executed by Ranjit Pal Chowdhury in favour of Ritashree Pal Chowdhury was not acted upon. Mr. Mukherjee contends that this proceeding was initiated without any notice to the appellant.

(3.) It appears that a proceeding being Act VIII, Case No. 44 of 1955 was initiated before the Court of the Learned District Judge, Nadia by the mother of Ritashree for her appointment as guardian of the property of the minor. By an order dated 26th August, 1955, this application was allowed and the mother of Ritashree was appointed as guardian of the property of the minor (page 27 of the paper book).