RAICH ALI KHAN Vs. HAZI SADEK ALI SK

JUDGEMENT

(1.) In C. R. 3165-66 of 1975 (Noor Mohammad Sk. v. Sushil Kumar Mistry) a Division Bench of this Court has referred to a Special Division Bench under Rule 1 of Chap. II of the Appellate Side Rules the following question: Whether the provisions of Sub-section (3) of Section 21 of the West Bengal Land Reforms Act, 1955 as amended apply to pending proceeding before any civil or criminal court ? The Division Bench made this Reference on the 10th December, 1976. The present Reference has been made on the same question on the 22nd February, 1977 by Mr. Justice Rule Bhattacharya in view of the Reference already made by the Division Bench as aforesaid.

(2.) It appears that Hazi Sadek Ali Sk. filed a suit in June 1971 in the court of the Second Munsif at Baruipur in the District of 24-Parganas, inter alia, for a declaration of title and recovery of possession of land in suit. The petitioner before us filed a written statement contending that he was a bargadar under the plaintiff.

(3.) While the suit was pending before the learned Munsif Sub-section (3) of Section 21 was added by Section 7 of the West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974). The subsection came into force on the 21st June, 1974. It is as follows:--