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1951 Supreme(Cal) 198

CHAKRABARTI, P.N.MUKHERJEE
GIRISH CHANDRA MAJHI – Appellant
Versus
GIRISH CHANDRA MAITY – Respondent


Advocates Appeared:
Apurba Charan Mukherjee, SAMARENDRA NATH BANERJI

CHAKRAVARTTI, J.

( 1 ) THIS Rule is directed against two orders under the West Bengal Bargadars Act, one by a Conciliation Board passed under Section 7 (1) (c) of the Act and another by the Appellate Officer, confirming the Board's order. By the said orders the Board and the Appellate Officer have rejected an application of the petitioner to recover from the opposite party some land held by the latter as a Bargadar under him.

( 2 ) THE opposite party holds three plots of land under the petitioner as a Bargadar and we are informed that the barga settlement was taken about three or four years ago. Towards the middle of 1950, when the provisions of the West Bengal Bargadars Ordinance had not become generally known, the petitioner intimated to the opposite party his intention to terminate the barga settlement and to take over the possession of the land. Thereupon, on 17-6-1950, by which date the West Bengal Bargadars Act had been passed and had come into force, the Opposite Party made an application to the Sutahata Bhag Chasi Conciliation Board under Section 7 (1) (c) of the Act on the ground that the petitioner was trying to enter upon the land without obtaining the permission of th











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