KASHINATH KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE grievance of the applicants before the learned Tribunal was that despite having lawfully purchased lands bearing C. S. Plot Nos. 11,12,13 and 52 measuring 4. 90 acres under Khatian No. 88 of Mouza Mallikghari, P. S. Haroa, District 24-Parganas (North), the applicants' names were not mutated.

(2.) THE applicants got this property by way of inheritance from their mother viz. one Jyotsnamoyee Kundu, who purchased this property from one Ajit Sarkar by registered Kobala No. 4949 dated 19th September, 1966. The said Ajit Sarkar purchased this land in connection with Rent Suit no. 741 of 1955. The Court allowed the said sale in a rent auction case and by this process, the said Ajit Sarkar became the owner in respect of the said land and thereafter he sold the land to the mother of the present applicants. The names of the applicants were not mutated because it was thought that the sale is void and contrary to Section 5b of the West Bengal Estates acquisition Act, 1953 (hereinafter referred to as the said Act ). The learned tribunal has also maintained the same view and no relief was granted.

(3.) THE only point for consideration, in our view, is that whether the sale held by the Court in rent suit and the consequential purchase thereof, is governed by Section 5b of the said Act or not.