BHASKAR PANDA Vs. ASHUTHOSH TRIPATHI

JUDGEMENT

(1.) THE defendant in a Money Suit has filed the present application under article 227 of the Constitution of India challenging the impugned order whereby the said defendant's application under Section 21 (3) of the West Bengal Land reforms Act, 1955 has been rejected.

(2.) THE learned trial Court is of the view that since the suit concerned is a money suit and that the present suit is not a suit for declaration of title or status of the defendant or the plaintiff, there is no necessity to allow the application under Section 21 (3) of the said Act.

(3.) IT appears from the impugned order that an issue has been framed in the present suit to the effect as to whether or not the defendant is a Bargadar in respect of the suit property. There is no dispute about the fact, as it appears from the submissions made by the learned advocates for the respective parties, that the said issue still stands and that the said issue will have to be decided at the time of trial.