SM SAFURA BIBI Vs. ISOB BEPARI

JUDGEMENT

(1.) This rule is directed against an order, dated 10 November 1945, passed by the learned District Judge of Dacca whereby he allowed an application in revision made to him under the proviso to Section 10, Bengal Alienation of Agricultural Land (Temporary Provisions) Act, 1914, and dismissed an application made by the petitioner under Section 4 of the said Act.

(2.) We have already had occasion to hold in civil Revision case No. 2156 of 1945, decided on 16 April last, that this Court has no jurisdiction to interfere in any matter which the Collector is empowered to dispose of under the Bengal Alienation of Agricultural Land (Temporary Provisions) Act, 1944. It is unnecessary that the reasons in our judgment in that case should be repeated here. It will be sufficient to deal with the arguments which learned advocate for the petitioner advanced in the present case.

(3.) The material facts are the following : The petitioner made an application on 1 February 1945, before the Sub-Divisional Officer at Narayanganj, praying for restoration to her of two plots of agricultural land which, she alleged, she had sold to the opposite party on 25th January 1943 for a sum of its. 200. In support of her application, she stated that she could not have maintained herself and her family except by making the alienation which she now sought to have set aside. The learned Sub-Divisional Officer took evidence in the case and ultimately allowed the application. The opposite party then moved the learned District Judge under the proviso to Section 10 of the Act who took the contrary view and dismissed the application on the finding that the alienation had not been made for purposes of maintenance. It is against this latter order that the present Rule was obtained.