STATE OF WEST BENGAL Vs. GOPESWAR SATIAR

JUDGEMENT

(1.) These four Rules, which are at the instance of the State of West Bengal, arise out of four proceedings under Section 44(2a) of the West Bengal Estates Acquisition Act, 1953.

(2.) The proceedings were started in respect of the disputed property, which is comprised in Dags Nos. 155, 179 and 234 under Touzi No. 468 and 245 of the Malda Collectorate. That property, which is a big beel, popularly known as Babla Dhap, is connected with another beel, Sadipur Dhap, lying to its north. The opposite party before us, Gopeswar Satiar, was the proprietor of the said disputed property. Under him, there was a lessee, Mir Tajen Ali, who had a lease up till 31st Chaitra, 1361 B.S. Under the vesting provision of the West Bengal Estates Acquisition Act, applicable to the case, Gopeswar's interest vested in the State with effect from 1st Baisakh, 1362 B.S., subject to his right of retention, if any, under the above Act.

(3.) In the revisional settlement records, Gopeswar's right of retention under the Act was recognised and recorded, the disputed properties being entered in Khatian's Nos.1/1 and 61/1.