JUDGMENT

S.B. Sinha, J. - Delay condoned.

Leave granted.

2. This appeal is directed against a judgment and order dated 30th September, 2005 passed by a learned Single Judge of Calcutta High Court in C.O. No. 347 of 2005 whereby and whereunder the revision application filed by Respondent No. 1 herein from a judgment and order dated 26th August, 2005 was allowed.

3. Appellant and Respondent No. 3 claimed themselves to be the heirs and legal representatives of Rani Rashmoni. The appellant states that after demise of Rani Rashmoni, the entire estate comprising Touzi No. 145 devolved upon Raja Amrita Nath Das. Upon his demise, the property devolved upon his four sons whereafter a partition took place amongst his legal heirs.

4. A part of Tauzi No. 145 was admittedly acquired in the year 1993 for construction of housing estate by the West Bengal Housing Board. Name of Respondent No. 1 herein admittedly appeared in the record of rights. She was given notice of acquisition. Possession of the land was taken from the respondent on 16.07.1997. An award was made by the Land Acquisition Collector on 26.11.1998. Dissatisfied with the said award passed by the Collector, the respondent made a r