ABHIJIT KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application against the judgment and order of the West Bengal land Reforms and Tenancy Tribunal dated 19th May, 2006 passed in O. A. No. 1736 of 2004. By the judgment and order impugned, the applicants' application challenging the order of the Block Land and Land Reforms Officer, matigarah, in the district of Darjeeling as well as the order of the appellate authority being the District Land and Land Reforms Officer, passed in connection with a suo motu proceedings under section 14t (3) of the West bengal Land Reforms Act (hereinafter referred to as the said Act), has been dismissed. The aforesaid proceedings was initiated by the Block Land and land Reforms Officer in the name of the partnership firm uiz. Friends and company.

(2.) SHORT fact of the case is that one Paresh Nath Kundu. since deceased and one Amulya Kumar Dutta, formed a partnership firm on the basis of an oral agreement. Thereafter, the said oral partnership agreement was reduced in writing by a deed of partnership on 26th July, 1967. It is said that the two partners brought their individual properties in the hotchpots of the partnership firm. However, during continuance of the partnership, by several registered deeds of sale, considerable plots of land was acquired in the name of the partnership firm. This firm thereafter stood dissolved because of the fact that one of the partners Paresh Nath Kundu retired from the partnership firm in 1990.

(3.) ACCORDINGLY, a deed of retirement was executed by and between the parties. It is pertinent to mention, after execution of the formal deed of partnership in 1967, the said firm was registered with the Registrar of Firms. In terms of the deed of retirement, there were several terms and conditions regarding division and distribution of the assets and properties of the firm; but fact remains that the factum of dissolution of the partnership firm on account of retirement of one of the partners, was not notified.