RANJIT KUMAR CHAKRABORTY Vs. JIBAN CHANDRA CHAKRABORTY

JUDGEMENT

(1.) Heard Mr. B. Das, learned senior counsel, assisted by Mr. R. B. Sinha, learned counsel for the petitioner. Also heard Mr. A. C. Bhowmik as well as Mr. D. K. Biswas, learned counsel for the respondents.

(2.) "We, all are kings in our kingdom" is the inner concept of modern Democratic Governments ruled by people through the system of adult franchise. During Monarchism the Kings/Rulers are the sovereign in all respects and the rest are the subjects (Prajas). In order to manage the vast area under the kingdom the Rulers started settling the land/immovable properties with individual on receipt of one timeNazrana (premium) and subject of payment of lump sum annual non-rateably assessed or agreed revenue (Khazna) and the land/immovable property so settled was called 'Estate' belonging to the Estate holder commonly recognised as Zaminder/Jagirdars and the likes, having been authorised under the arrangement to resettle the Estate property partwise by inducting individual riyots (prajas) on receipt of one time salami (price) and subject to payment of periodically rateably assessed revenue by way of cash payment, or share of crops or rendering manual labours and this way the riyots acquired possessory occupancy right heritable but not transferable without the approval of the Estate holders. The provision of Section 54 of the C.P.C. contemplates to deal with the matter relating to partition of such Estate and not the individual property belonging to riyots.

(3.) After adoption of India's Constitution on 26-1-1950 almost all the Provincial Government started enactment of Land Reforms Legislations of which the U.P. Zamindary Abolition Act was probably the pioneer. The status of the Estate holder are legally termed as "Intermediaries" in the several Land Reforms Act and their status of being Estate holders ceased to be operative and the Estate holder's right stood vested in the Government by operation of related provisions of the Land Reforms Act which have been brought under the 9th Schedule of the Constitution of India and all land holders irrespective of status/strature, Zamindars or Prajas became the land owners/land holders with equal status having absolute right of ownership heritable of course subject to lawfully enforced restriction the right of transfer also.