SATISH CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution against the order dated 1st March, 1961 of the Additional Member, Board of Revenue, West Bengal in Case No. 237 of 1958.

(2.) The petitioners and one Habibur Rahman held a putni tenure under the Maharaja of Krishnagar. The lands of the tenure, in view of the partition of India, fell partly within West Bengal and partly in East Pakistan. Be that as it may, in 1954 the West Bengal Estates Acquisition Act was passed. Section 9 of the said Act enabled the State to collect the rents due prior to the acquisition on behalf of the superior landlords. In pursuance of the said provisions of Section 9 of the Estates Acquisition Act proceedings were taken by the State for recovery of rents for the years 1356 to 1361 B.S. In these proceedings, in fact, on the 6/7th, November 1956 two certificates were issued--one for the years 1356 and 1357 B.S. and the other for the years 1358 to 1361 B. S. There is no controversy before us with regard to the first certificate relating to the years 1356 and 1357 B.S. The controversy is confined to the other certificate relating to years 1358 to 1361 B.S.

(3.) The petitioners filed objections under Section 9 of the Public Demands Recovery Act. They raised several points; they are not all material except one. They relied upon a receipt dated 28th March, 1954, corresponding to 15th Chaitra, 1360 B. S., and in view of the provisions of Section 56 (4) of the Bengal Tenancy Act contended that it should be presumed that they have paid up all rents up to the date of the receipt.