KALACHAND NASKAR Vs. DWIJENDRA LAL CHAKRABORTY

JUDGEMENT

(1.) This Second Appeal by the plaintiff is directed against the judgment and decree of the learned Subordinate Judge, 5th Court, Alipore passed in an appeal against the decree of the learned Munsif dismissing the plaintiff appellant's claim for khas possession of the disputed property and for mesne profits.

(2.) What is contended for, by Mr. Abinash Chandra Ghosh, the learned Advocate appearing on behalf of the appellant, an authority in the tenancy laws, is, that the Courts below committed an error of law in holding that the order of conversion passed by the Collector, 24-Parganas on July 11, 1952 under the provisions of Section 72, chapter X of the West Bengal Non-agricultural Tenancy Act, 1949, had the effect of converting the land of the under-raiyati holding in suit into a non-agricultural tenancy, in consequence of which it was no longer open to the plaintiff-appellant to treat the suit land as agricultural land amenable to the provision of Chapter VII of the Bengal Tenancy Act, authorising the landlord to re-enter, in case of transfer without his knowledge and consent.

(3.) The following facts are not in dispute. Bishnupada (pro-forma defendant and pro-forma respondent No. 2) was an under-raiyat in an agricultural land under the plaintiff appellant, at an annual rental of Rs. 14/- on the strength of a registered Kabuliyat dated February 1, 1928 (Ext. 1). The under-raiyat had no transferable interest in his holding. In spite of the same he granted a permanent lease to defendant No. 1 Rakhal (since deceased) on the basis of a registered Patta dated June 6, 1950 (Ext. 3), without the knowledge and consent of the plaintiff appellant. The land is situated in Behala within South Suburban Municipality. He subsequently effected an unauthorised transfer of the holding in favour of defendant No. 1 on July 28, 1953. Meantime on April 10, 1951 an application was filed by defendant No. 2 under the provisions of Section 72 of the Non-agricultural Tenancy Act, for conversion of the agricultural land in the holding into a non-agricultural tenancy. On July 11, 1952 in spite of the opposition by the plaintiff, the Collector passed an order for conversion, under Section 72 with effect from July 10, 1951. The rent was doubled i.e. a sum of Rs. 28/- was fixed as annual rent (Ext. A).