HARIPADA PRAMANIK Vs. GOPAL CHANDRA MAITY

JUDGEMENT

(1.) THESE four Rules are directed against a judgment and orde dated the 16th day of July, 1962, of the Munsif, ghatal allowing four appeals, heard by him under section 19 of the Land Reforms Act, 1955.

(2.) THE facts, out of which these cases arise, may briefly be stated thus: one Haripada Nandi had some raiyati holdings under Bishnu Mallik and others. The said landlords obtained decrees for arrears of rent in respect of thsse holdings, the arrears being due for a period to the date of vesting of landlords' interest in the State under the provisions of the West Bengal estate Acquisition Act. In execution of these decrees, the lands appertaining to the holdings, were put to sale and purchased in the year 1960 by the present opposite party and the delivery of possession of the lands through court was taken on the 22nd Jaista 1373 B. S. corresponding to June 5, 1960. The present petitioners Haripada Framanik and Hare Krishna Pramanik were bargadars under the outgoing tenant in respect of some of the lands. The auction purchaser instituted two proceedings against each of the bargadars under section 18 of the Land Reforms Act, one for recovery of the owner's share of the crops for the year 1367 B. S. and another for termination of Bhag cultivation by the bargadars.

(3.) THE bargadars contended, in the first place, that the auction purchaser did not acquire any valid title to the lands, as the sales were void, being hit by the provisions of section 5-B f the West Bengal Estates Acquisition act: and, in the second place, that the bhag crops for the year 1367 B. S. had already been delivered to the original tenant Haripada Nandi.