SURENDRA NATH PRODHAN Vs. BEPIN BEHARI MAJHI

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution directed against an order of the Appellate Officer, Tamluk, Midnapore, dated April 27, 1954, purporting to set aside, on appeal, a certain order made by Sutahata Bhagchas Conciliation Board No. 1 on February 25, 1954.

(2.) The facts lie in a short compass. The Petitioner applied on November 11, 1953, to the Conciliation Board mentioned above for an order terminating the cultivation of opposite party No. 1 as Bargadar in respect of a plot of land measuring 61 acre which the Petitioner had on July 27, 1953, acquired for a sum of Rs. 1,400. The Petitioner's case before the Board was that he bona fide required the plot in question in order to be able to cultivate the same himself and raise crops for the benefit of his family. Notices were served by the Board in due course and the matter was fixed for hearing on December 24, 1953, when the opposite party No. 1 defaulted to appear in answer to the notice with the result that the Board proceeded to hear and determine the matter in his absence and eventually made an order terminating the cultivation of opposite party No. 1 as Bargadar in respect of the land. A direction was further given by the Board that the Petitioner would be entitled to possession of the land as from Chaitra 1, 1360 B.S.

(3.) On February 25, 1954, the opposite party No. 1 applied to the Board for a review of its order made on December 24, 1953. That application was heard and disposed of on the same day and the Board rejected the application for review.