FAZILATNNESSA BEWA Vs. MEZAHAR SHEIK

JUDGEMENT

(1.) THE appellants who are undisputed the owners of the lands in question have filed this appeal against the order and judgment of Mukul Gopal Mukherji, J. disposing of the writ application filed by the respondent nos. 1 to 8 who are said to be the heirs and legal representatives of the deceased Khudi Sk. As owners the present appellants had purported to file under sub-sections 1 (a) and (2) of section 18 of the West Bengal Land Reforms; Act an application before the Bhagchas Officer, Rainagar, District Murshidabad. Their case in brief was that the aforesaid Khudi Sk. (since deceased) was the bargadar under them in respect of the disputed land and he having failed to deliver the owner's share of the produce for two years an award be made for the same against Khudi Sk. The present appellants had also contended that the present respondent nos. 1 to 4 who are the sons of said Khudi Sk. had been erroneously recorded as bargadars under them in the draft records. The appellants prayed for a determination that said Khudi Sk. and not his said four sons was the bargadar of the disputed land.

(2.) DURING the pendency of the proceeding Khudi Sk. died. We understand that upon an application made by the owners there was substitution of the heirs of Khudi Sk. including the respondent nos. 1 to 4 who were already on record. The said substituted parties had contested the case by inter alia claiming that the respondents 1 to 4 and not Khudi Sk. were bargadars. On 16th November 1981 the Bhagchas Officer, Raninagar determined that during his lifetime Khudi. Sk. was the bargadar under the present appellants and his four sons, the respondents 1 to 4 were not bargadars as asserted by them. The Bhagchas Officer passed an award against the heirs of Khudi Sk. for a sum of Rs. 9486. 7 1 as the price of the owner's share of the produce for the years in question. The Bhagchas Officer had observed that the heirs of the owner of the land might file an application before the authority under section 18 (1) of the Act for nominating one of the heirs of the deceased Khudi Sk. as bargadar.

(3.) BEING aggrieved thereby the respondents who are the heirs of Khudi Sk. preferred an appeal before the appellate authority. The appellate authority modified the award by reducing the money value of the owner's share of the produce to Rs. 5,111. 26 which would be payable by the heirs of Khudi Sk. The appellate authority affirmed the findings of the Bhagchas Officer that it was Khudi Sk. who had been a bargadar and his four sons were not bargadars during the lifetime of Khudi Sk. The appellate authority had set aside the directions given by the Bhagchas Officer regarding the correction of the entry made in the R. S. Records to the effect that the respondent nos. 1 to 4 herein were bargadars.