STATE OF WEST BENGAL Vs. NEMAI CHAND KUNDU

JUDGEMENT

(1.) THIS is an appeal from a decree of reversal. The plaintiff respondent's case is that he acquired by purchase from the recorded owners the suit land in raiyati sthitiban interest measuring 11. 97 acres by a registered kobala dated April 9, 1956 which was registered on August 8, 1956. The suit lands did not vest in the State as the total area was less than the ceiling prescribed under the West Bengal Estates Acquisition Act, 1953. He could not be present to have his name recorded in the record of rights at the time of survey, as the suit lands were far away from his home and as a result the names of his vendors were recorded therein in respect of the suit lands, who did not as obviously they could not retain the lands. The State of West bengal treated the lands as vested and threatened to issue rent receipts to the plaintiff's bhagchasis of the said lands. The plaintiff thereupon instituted the suit praying for confirmation of his possession on declaration of his title and for injunction restraining the State from interfering with his possession. The State contested the suit by filing a written statement. It was stated that the plaintiffs purchase deed was a collusive, sham and paper transaction made for the purpose of illegal retention of lands. In any event the lands not having been retained by the owners had vested in the State which was thus entitled to take possession thereof under Section 10 (2 ). It was further stated that at the time of vesting the plaintiff acquired no title to the lands by his kobala, and he had no cause of action in the suit.

(2.) ON a trial on evidence, the learned Munsif held that as the deed was not registered at the time of vesting but on a subsequent date, the plaintiff did not acquire any title when the lands vested in the State. The suit was accordingly dismissed.

(3.) ON appeal the appellate court held that though the registration took place after vesting, it took affect from the date of execution. So that the plaintiff had acquired his vendors' interest with effect from the date of execution of his kobala and accordingly there was no question or occasion for vesting the lands in the State. The appeal was accordingly allowed and the plaintiffs suit was decreed. This appeal is by the State against this decision.