YAKUB SHEIKH Vs. ANWAR BEGUM

JUDGEMENT

(1.) AFTER hearing the learned counsel for the parties and having gone through the records myself, i am satisfied for the reasons stalled hereunder, the Rule is to be made absolute, the impugned orders are to be set aside and the order to be sent back for trial afresh according to law.

(2.) THE application, which has given rise to the present proceeding, is under the provisions of section 4 of the West Bengal Restoration of Alienated Land Act, 1973, hereinafter referred to as "the Act". That section provides for restoration to the seller of lands sold by him under certain circumstances and the conditions for the application of that section are as hereunder :-

(3.) SECTION 4 (4) provides further that the Special Officer, before whom such an application is to be filed, shall, if he is satisfied that the, aforesaid four conditions have been complied with, make an order in writing restoring the land sold to the seller and directing the seller to pay to the purchaser the amount of consideration paid together, with some more amount towards interest and compensation.