SUSANTA MONDAL & ORS. Vs. PROBODH RANJAN MAJUMDER

JUDGEMENT

(1.) This Rule arises out of an application under Art. 227 of the Constitution of India directing the opposite parties to show cause why the order dated 12.3.73 passed by Sri K. Dikshit, Sub-Divisional Officer, Sardar, Krishnagore, in L. R. Appeal No. 1 of 1971, reversing the order dated 28.5.70 passed by the Bhagchas Officer, Chapra, in Bhagchas Case No. 20 of 1966, should not be set aside.

(2.) The question involved in this case rests on a short point whether the petitioners are the bhagidars under the opposite parties.

(3.) At the instance of the opposite parties the Bhagchas Case No. 20 of 1966 was started. They asserted that the petitioners were their bhagidars in respect of lands measuring 3.52 acres in mouza Mohatput recorded in plot No. 2548 within C. S. Khatian No. 3391 ; that they defaulted in delivering bhag produce for the years 1270 to 1372 B.S. They claimed a sum of Rs. 2, 279/- on that account and they further prayed for eviction of the petitioners by terminating the bhag settlement.