ISWAR SITALA THAKURANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Article 226/227 of the Consitution of India is at the instance of the owners of a land whose predecessor had obtained a decree for declaration of title and permanent injunction from a Civil Court against the State-respondent and is directed against the order dated 23rd November, 2006 passed by West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 1522 of 2005 (LRTT) thereby refusing to accept the contention of the writ petitioners that their names should be recorded in tune with the decree passed by the Civil Court in their favour.

(2.) The only question that arises for determination in this writ application is whether a tribunal constituted under West Bengal Land Reforms and Tenancy Tribunal Act, can declare that a decree for declaration of title and permanent injunction in favour of the writ petitioners was a nullity as the same was passed in violation of the provisions contained in section 57B(2) of the West Bengal Estate Acquisition Act, notwithstanding the fact that State of West Bengal was a party to such decree dated June 25, 1986 passed by the learned 3rd Court of Munsif, at Tamluk in Title Suit No. 36 of 1983 and such decree has attained finality.

(3.) It is now settled position of law that entry in a record of right does not create any title nor does it extinguish the title of lawful owner but the entry has a presumption of correctness which is, of course, rebuttable. In such a situation, if a Civil Court declares title of a person in respect of a property and restrains the State of West Bengal from disturbing the possession of the plaintiff in the suit property, the presumption arising out of entry in the record of right stands rebutted. The law is equally settled that a party, after suffering a decree for declaration of title and permanent injunction, cannot ignore such decree without challenging such decree before appropriate forum at the appropriate time. In the case before us, the State of West Bengal having accepted the decree passed by the Civil Court, the same has attained finality and therefore, a tribunal constituted under West Bengal Land Reforms and Tenancy Tribunal Act is incompetent to declare that a decree passed by a Civil Court is a nullity.