ASHOK KUMAR SINGHA ROY Vs. NIDHIR CHANDRA

JUDGEMENT

(1.) This is to consider an application under Art. 227 of the Constitution of India being aggrieved by the impugned revisional order dated 13th May 1998 passed by the Additional District Judge, 5th Court, Midnapore in Civil Revision No. 69 of 1997 setting aside the ord (R. No. 108 dated 2nd May, 1997 passed by Civil Judge, Junior Division, Additional Court Ghatal, district Midnapore in Title Suit No. 44 of 1991. Now the matter:-

(2.) As it appears that both the sides are litigating on their respective pleadings in Title Suit No. 151 of 1979 filed in the Court of Learned Munsif at Ghatal on 4.8.79. The suits were twice decided on appeal. The orders of the Learned Trial Court was set aside and remanded with certain directions. The suit property is admittedly owned by the plaintiff/petitioner, but the possession of the same is with the O. P. No. 1. According to the plaintiff/petitioner the O. P./defendants are licensed while the O. P./defendants' case is one that of possession as a landless labour. Certificate was issued in their favour by the Collector under the provisions of West Bengal Acquisition of Home State Land (for Agricultural Labour, Artisan and Fisherman Act, 1975).

(3.) Before hand the defendant/Opposite Parties prayed before the Learned Court below for making a reference under Sec. 9 of one of the aforesaid Acts but the same was refused by an order No. 195 dated 14.9.1992 by the learned Trial Court. No revision was filed against the said order. Thereafter on 10.4.1997 such an identical petition was filed by the O. P. No. 1 for the purposes of referring the matter to the collector for determination of the dispute under Sec. 9(1) of the West Bengal Act 47 of 1975 on the grounds that the certificate of confirmation of title under the aforesaid Act is possessed by him (vide Collector Certificate No. 2.9.1983).