BISHNU PADA DATTA Vs. JOYDEB DATTA

JUDGEMENT

(1.) A short point arises for determination in this Rule. It is as to whether a respondent in an appeal filed under section 44 (3) of the West Bengal Estate Acquisition act 1953, hereinafter referred to as the a. ct, has the right to file a cross objection. This point arises as follows : (2) The petitioners before us filed an application before the Assistant settlement Officer for correction of entries in regard to some plots including plot No. 275 claiming to be in exclusive possession of the same. The Assistant settlement Officer refused their prayer in respect of all the plots except plot No. 275. Thereafter some of the opposite parties before us preferred an appeal before the Tribunal in accordance with section 44 (3) of the Act making the present petitioners respondents thereto, in respect of Plot No.

(2.) THE present petitioners appeared in the appeal and filed also cross objection in respect of the Plots, other than plot No. 275. The learned Tribunal held that the cross-objection was not maintainable and rejected the same. On merits also, he found that the Assistant settlement Officer erred in recording the possession of the present petitioners exclusively in respect of Plot No. 275, and allowed the appeal.

(3.) IN this Rule the petitioners contend that the learned Tribunal erred in holding that the cross-objection was not maintainable and further that Plot no. 275 was not in their exclusive possession.