HIRALAL BOYED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a second appeal from the judgment and decree of the Additional District Judge, Jalpaiguri, affirming those of the trial Court. The Plaintiff's suit was dismissed and the Plaintiff is the Appellant.

(2.) Under the provision of Sec. 5A of the West Bengal Estates Acquisition Act the state Government has been authorised to "enquire into cases of transfer of land by an intermediary between the 5th day of May, 1953, and the date of vesting." May 5, 1953, is the date on which the bill relating to the said Act was published. The said Sec. was introduced to avoid transfers which were made to defeat vesting.

(3.) Certain enquiries under Sec. 5A were made against the Plaintiff. The result of the enquiry was that certain transfers made by the Plaintiff were considered to be bona fide. Consequential order in terms of Sec. 5A, Sub -section (3), Clause (ii) was also made.