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1951 Supreme(Cal) 211

BOSE
LALIT MOHAN DAS – Appellant
Versus
BISWANATH GHOSH – Respondent


Advocates Appeared:
A.K.MUKHERJEE, Ajoy Kumar Basu, JAJNESWAR MAJUMDAR, K.K.MARAR, S.K.BASU, Smriti Kumar Roy Chaudhury

BOSE, J.

( 1 ) THIS is an application under Art. 226 of the Constitution for an appropriate writ or direction upon the opposite parties to show cause as to why the opposite parties Nos. 4 and 5 should not be called upon to exhibit the authority under which they purport to act as members of a Bhag Chas Conciliation Board constituted under the West Bengal Bargadars Act, 1950, and why they should not forbear from acting as such members and also for a direction upon opposite party no. 7 to cancel or withdraw the Notification, dated 18-1-1951, which constituted the Bhag Chas Conciliation Board in question.

( 2 ) THE petitioner claims to be a bargadar within the meaning of West Bengal Act 2 of 1950. It is alleged in the petition that on or about 15-3-1950, the West Bengal Bargadars Act came into force. Section 2 (b) of the said Act defines a bargadar as meaning a person who, under the system generally known as Adhi, Barga, or Bhag, cultivates the land of another persons on condition of delivering a share of the produce of such land to that other person, but shall not include any such person, if he has been expressly admitted to be a tenant by the owner in any document executed by him,














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