( 1 ) THE defendant, the State of West Bengal, has preferred this second appeal against the judgment and the decree passed by a Subordinate Judge, Alipore affirming those of the Munsif of the Additional Court at Sealdah in a suit brought by the respondent Mir Fakir Mohammad. The suit was brought for a declaration that the suit lands were orchards and that he was entitled to retain the same under the provision of the West Bengal Estates Acquisition Act, 1953 amongst other reliefs. The plaintiff got the decree against the State of West Bengal and in the first appeal taken by the State, the appellant was unsuccessful.

( 2 ) THE allegation of the plaintiff, in short, is that he is in possession of agricultural lands. The draft record of the recent revisional settlement prepared by the State Government was on the basis of the cadestral survey records published long ago showing the lands as agricultural. After the publication of the said C. S. records, the plaintiff converted some of his danga lands into gardens by planting fruit trees, banana plants and bamboos and he has been in possession of the same for more than 30 years as such. The suit was instituted on 20-7