DAYABATI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a, Second Appeal directed against the judgment and order passed by the learned District Judge, Burdwan, in Title Appeal No. 81 of 1972. The learned District Judge by his judgment in appeal affirmed the decision of the trial Court which dismissed the suit of the Plaintiffs being Title Suit No. 214 of 1969 in the Court of the Munsif, Kalna. The point for determination in this appeal is whether a big raiyat could retain a particular piece of land which he had not opted to retain or whether retention could be allowed even though option is not exercised, when such land and the land under retention taken together do not exceed the ceiling limit prescribed under the West Bengal Estates Acquisition Act, 1953.

(2.) The relevant facts for the purpose of determination of the points at issue are as follows:

(3.) The State of West Bengal contested the suit by filing written statement. Their only defence is that the vendors of the Plaintiffs, namely the Defendants Nos. 2 and 3 were big raiyats and big raiyats proceedings were started against them. Those proceedings were disposed of on the basis of 'B' Form return submitted by them. It is alleged that the suit land was not shown as retained land of the vendors. According to the State of West Bengal, the suit is not maintainable as the Plaintiffs could not acquire right, title and interest in the land vested in the Stale. The learned Munsif accepted the defence case and dismissed the suit. Being aggrieved by such judgment and decree of dismissal the Plaintiffs moved in appeal before the learned District Judge.