HRISHIKESH BARIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The plaintiff's case is that the disputed property was khas mahal land appertaining to a jama of Rs. 10-1-2 ps. Nibaran and Brojomoyee used to occupy 2 cents of land of sub-khatian No. 96 and 59 cents of plot No. 156 appertaining to Khatian No. 95. The plaintiff is Nibaran's only heir. Subsequently that jama was divided among the co-sharers and thereby the plaintiff used to pay Rs. 4-8-5 ps. as proportionate rent in his share. In the R.S. Khatian the plaintiff's share was recorded in Khatian No. 781 and Brojomoyee's share in Khatian No. 780. Further in those khatians the rental was recorded as Rs. 40-5-0 and Rs. 25-12-0 respectively. Those properties cannot be arbitrarily assessed to such high rent. Such assessment is entirely illegal and unfair and the rental would be Rs. 2-12-2 and Re. 1-12-3 ps. respectively. After service of notice under Section 80 of the Civil P. C. the plaintiff has asked for a declaration that such assessment of rent is illegal and for an injunction.

(2.) The State, defendant No. 1 alone contested the suit denying the plaintiff's allegations. It has been stated that the suit is not maintainable. The assessment made is a valid one.

(3.) The learned Munsif stated that the plaintiff could not prove his case. The suit was, therefore, dismissed. The plaintiff preferred an appeal. The appellate court stated that the plaintiff was an intermediary within the meaning of Section 42 of the West Bengal Act 1 of 1954 and the property consisted of both agricultural and non-agricultural land. The appeal was, therefore, dismissed. Being aggrieved by that decision, the present appeal has been filed.