NIRANJAN CHATTERJEE Vs. STATE

JUDGEMENT

(1.) This application under Article 226/227 of the Constitution of India is at the instance of unsuccessful applicants before the West Bengal Land Reforms and Tenancy Tribunal and is directed against the order dated 6th March, 2007 passed by the said Tribunal in O.A. Mo. 3110 of 2005 (LRTT) thereby dismissing the application filed by the writ petitioners. In dismissing the application filed by the writ petitioners, the Tribunal was of the opinion that the B.L. & L.R.O concerned was under no obligation to honour the decree passed by a Civil Court declaring title of the predecessor-in-interest of the writ petitioners in the property and passing a further decrae for the permanent injunction restraining the State respondent from disturbing the possession of the decree holder. The Tribunal further came to the conclusion that ignoring the said decree the proceeding under section 14T(3) of the Act should continue.

(2.) Therefore, two questions arise for consideration in this application under Article 226 of the Constitution of India. First 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 the title and permanent injunction in favour of the writ petitioner was a nullity as the same was passed in violation of the provisions contained in section 57B(2) of the West Bengal Estates Acquisition Act, notwithstanding the fact that State of West Bengal was a party to such decree, and such decree has attained finality.

(3.) It is now settled position of law that entry in a record-of-rights 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-rights 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.