ASHIRUDDIN, SK. Vs. PITU MAJHI

JUDGEMENT

(1.) This Rule was obtained by the Petitioner against an order of the learned Commissioner, Presidency Division, rejecting his application for revision of an appellate order of the Collector of 24 -Parganas by which his objection to the opposite party's claim for restoration of the disputed land was dismissed and the said claim was allowed. The relevant facts lie within a short compass and they are as follows.

(2.) The opposite party, who is a Santhal or aboriginal, was the owner of the disputed land. In execution of a money decree, obtained against him, the present Petitioner purchased the said land at a court sale. Thereafter, the opposite party brought a suit for setting aside the said sale and the said suit was eventually disposed of on compromise, by which the Petitioner's title under the court sale was accepted by the opposite party and the Petitioner agreed to convey five bighas out of the property, purchased by him, to the opposite party. Eventually, the present application was filed by the opposite party for restoration of possession of the disputed land under the West Bengal Estates Acquisition Act, Rule 4, proviso, read with the relevant provisions of the Bengal Tenancy Act.

(3.) The opposite party's claim was allowed by the Tribal Officer. On appeal, this decision was set aside by the Collector and the opposite party's application was rejected upon the view that the said application was barred under the proviso to Sub -rule (4) of the above Rule 4 of the West Bengal Estates Acquisition Act, corresponding to proviso A to Sec. 49(H) of the Bengal Tenancy Act.