NIBARAN CHANDRA BAG Vs. MAHENDRA NATH

JUDGEMENT

(1.) This is an application under Article 132 (1) of the Constitution or India, praying for a certificate that the case involves a substantial question of law as to the interpretation of the Constitution.

(2.) The matter arises under the following circumstances : In the recent record of rights, prepared under the West Bengal Estates Acquisition Act (Act I of 1954), the opposite party before us was recorded as a raiyat in Khatian No. 52 of Mouza Howrahmari, District 24 Parganas. Upon objection by the petitioner, the record was altered by the Assistant Settlement Officer by recording the opposite party as a permanent mokarari tenure-holder with the petitioner as a temporary lessee (ijaradar) under him for a term of two years from Magh 1360 B.S. to Pous 1362 B.S.

(3.) Aggrieved by this alteration, the opposite party appealed to the learned District Judge under Section 44 (3) of the above Act, that learned Judge being the appropriate appellate authority for that purpose under the said statute, and, upon dismissal of the appeal, he moved this Court under Article 227 of the Constitution and obtained this Rule.