NARAYAN CHANDRA MONDAL Vs. MUKTA BALA DASSI

JUDGEMENT

(1.) A short but interesting question of law relating to the interpretation of some sections of the West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956), has arisen in this Rule. In order to understand what that question of law is it is necessary to state only the following facts.

(2.) Opposite party Srimati Mukta Bala Dassi instituted a proceeding before the Mongolkote Bliag Chas Board against the three Petitioners of this Rule for recovery of some bhag crops or in the alternative for recovery of their equivalent price from them. The application of the opposite party was opposed by the Petitioners who denied having cultivated the land in question in bhag under the opposite party during the years alleged by the latter. The Board however made an award in favour of the opposite party directing the present Petitioners to deliver either 16 maunds of paddy and 2 kahans of straw to the opposite party or in the alternative to pay a sum of Rs. 136 being the equivalent money value of the produce. Feeling aggrieved by this award of the Board the Petitioners made an application to the Chairman of the Bhag Chas Conciliation Board concerned on November 12, 1955, for reviewing the said order and setting aside the award and for retrial of the case after taking necessary evidence from both parties. The said application for review was pending in the Bhag Chas Board when the West Bengal Land Reforms Act came into operation and the West Bengal Bargadars Act, 1950 (West Bengal Act II of 1950), was repealed. The result was that the Bhag Chas Conciliation Board ceased to exist when the application for review remained pending.

(3.) On the cessation of the Bhag Chas Board the review application came up before one Sri K.M. Karmakar, Bhag Chas Officer, for dealing with all disputes between an owner and his bargadar falling under Section 18 of the West Bengal Land Reforms Act. The Bhag Chas Conciliation Officer has refused to dispose of that application on the merits holding that he is not competent to review the award or order passed by the Board. The present Rule was obtained by the bargadars-Petitioners against the above order passed by the Bhag Chas Conciliation Officer concerned.