KALIPADA GHOSE Vs. KURBAN ALI

JUDGEMENT

(1.) This is an application under Art. 227 of the Constitution directed against an order of a Magistrate, dated Jan. 18, 1955 purported to have been made under Sec. 12A(1) of the West Bengal Barger's Act, 1950 as amended by Act XXIII of 1954 declaring the opposite party Kurban Ali as Barger in respect of certain plots of land and directing restoration to his cultivation the plots of which the Petitioner is the owner.

(2.) The case made by the opposite party who was the applicant before the Magistrate is that he has been a bargadar for about 7/8 years in respect of 5.2 acres of land comprised in 4 dags bearing Nos. 697, 257, 278 and 1087 in Mouza Shankpore within P.S. Keshpore. The case which he made was that he was the Barger till about Jaistha 8, 1381 B.S. when he was unlawfully dispossessed without reference to the Bhagchas Conciliation Board established for that area. After he was so dispossessed the lands were settled with four persons, named Saiyed Ali, Anishuddin, Maijuddin and Ainuddin who started cultivation of the lands forcibly. In those circumstances a prayer was made by the opposite party Kurban Ali for the lands being restored to his cultivation.

(3.) The Petitioner resisted the application and his case was that he himself had cultivated the lands till 1357 B.S. and in the year 1358 the lands were settled with the four persons named above as tenants.