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1975 Supreme(Cal) 279

SHANKAR PRASAD, SALIL KUMAR DATTA
SUSHIL KUMAR GHOSH – Appellant
Versus
REVENUE OFFICER, BALURGHAT – Respondent


Advocates Appeared:
MANINDRA NATH GHOSH, MONI BHUSAN SARKAR, SOURENDRA PRASAD GHOSH, SUSHIL KUMAR BISWAS

SANKAK PRASAD MITRA, CJ.

( 1 ) BY this judgment we propose to deal with nine appeals. These are First Miscellaneous Appeals Nos. 367 to 375 of 1975. These appeals arise out of Civil Revision Cases Nos. 6927 (W) to 6935 (W) of 1960.

( 2 ) TWO brothers. Srikanta Ghosh and Puma Chandra Ghosh, held extensive lands in West Dinajpore. It is alleged that these two brothers by unregistered deeds executed between January 31, 1953 and February 8, 1953 had transferred certain lands in favour of their sons and daughters individually. It is further alleged that these transfers by unregistered deeds were subsequently confirmed by registered deeds in or about October, 1954. The respondents sought to apply the provisions of Section 5-A of the West Bengal Estates Acquisition Act, 1953 to these transfers. Now, in order to attract the said provisions, it is necessary to show that the intermediary transferred lands between the 5th May, 1953 and the date of vesting, that is, the 15th April, 1955. The registered deeds, in the instant case, were executed within the said period.

( 3 ) IN or about 1958 A number of proceedings under Section 5-A were initiated in respect of the aforesaid transfers. The Re






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