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1976 Supreme(Cal) 346
High Court Of Calcutta
SANKAR PRASAD MITRA, SABYASACHI MUKHERJI, SALIL KUMAR DATTA
STATE OF WEST BENGAL - Appellant
Versus
SAILENDRA KUMAR SEN - Respondent
Civil Revn. Case 1818 Of 1972
Decided On : 11/09/1976
AMARENDRA MOHAN MITRA, P.K.SENGUPTA, Prabir Kumar Samanta, SWADESH BHUSAN BHUNIA, TAPAN KUMAR SEN GUPTA
The effective date in Section 5-B of the West Bengal Estates Acquisition Act, 1953, in respect of sales of raiyati and under-raiyati holdings under the relevant statutes mentioned therein is the first day of June 1954 as therein provided.
Headnote:
WEST BENGAL ESTATES ACQUISITION ACT, 1953 - SECTION 5-B - EFFECTIVE DATE - SALE OF RAIYATI AND UNDER-RAIYATI HOLDINGS - INTERPRETATION - SECTION 168-A OF THE BENGAL TENANCY ACT, 1885 - EFFECT OF VESTING.
Fact of the Case:
The case involves the interpretation of Section 5-B of the West Bengal Estates Acquisition Act, 1953, with reference to the date of its application to raiyati and under-raiyati holdings and the consequences arising therefrom. The Assistant Settlement Officer initiated proceedings under Section 44 (2a) of the Act to revise the record-of-rights in respect of certain khatians, holding that Section 5-B applied with retrospective effect to raiyati and under-raiyati holdings, rendering auction purchases in rent sales void. The Tribunal set aside the orders of the Assistant Settlement Officer, holding that Section 5-B had no application to raiyati interest. The State of West Bengal obtained connected rules against the Tribunal's orders, which were referred to the Special Bench.
Finding of the Court:
The Court held that the effective date in Section 5-B in respect of sales of raiyati and under-raiyati holdings under the relevant statutes mentioned therein is the first day of June 1954 as therein provided. Section 5-B does not operate as a bar to the execution of a decree for arrears of rent as a money decree against raiyati or under-raiyati interest, and Section 168-A (1) is impliedly repealed by vesting of the interest of intermediaries (which include raiyats and under-raiyats) in the State.
Issues: 1. What is the effective date in Section 5-B in respect of sales of raiyati and under-raiyati interest under the statutes mentioned therein? 2. Whether during the period Section 5-B operated as a bar to the execution of rent decree as money decree against raiyati and under-raiyati interest and what is the effect of vesting on Section 168-A of the Bengal Tenancy Act, 1885.
Ratio Decidendi: 1. The Court interpreted Section 5-B of the West Bengal Estates Acquisition Act, 1953, and held that the effective date in respect of sales of raiyati and under-raiyati holdings under the relevant statutes mentioned therein is the first day of June 1954 as therein provided. 2. The Court held that Section 5-B does not operate as a bar to the execution of a decree for arrears of rent as a money decree against raiyati or under-raiyati interest, and Section 168-A (1) is impliedly repealed by vesting of the interest of intermediaries (which include raiyats and under-raiyats) in the State.
Final Decision: The Court affirmed the Tribunal's order under Section 44 (3) setting aside the orders of the Assistant Settlement Officer in the connected proceedings, though for different reasons as indicated above, and discharged the connected Rules. There was no order for costs in the circumstances.
( 1 ) THE Division Bench consisting of A. K. Sen, B. C. Roy, JJ. has referred the above revision cases to the Special Bench in view of the questions of great public importance involved therein. The questions relate to the interpretation of the provisions of Section 5-B of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954) hereinafter referred to as the said Act, with reference to the date of their application to raiyati and under-raiyati holdings and consequences arising therefrom.
( 2 ) THE relevant facts are as follows :--On December 18, 1970 the Assistant Settlement Officer Settlement 'c' Camp No. IIA, Diamond Harbour, initiated proceedings under Section 44 (2a) of the said Act for revising the finally published record-of-rights in respect of some khatians within his jurisdiction, which, according to him, were incorrectly recorded with auction purchaser the opposite party herein, as raiyat. Proceedings in respect of entries of khatians Nos. 10, 11' (624, 625 Khanda) of Mouza Haradhanpore gave rise to Case No. 156 of 1970 (under Section 44 (2a)) while proceedings in respect of entries of khatians Nos. 6, 7, 13, 15 and 24 (302, 308, 309 and 310 Khanda) of Mouja Kailpara was registered as Case No. 22 of 1970 (under Section 44 (2a) ). It appears that the lands were purchased' by the opposite party in rent execution sales, on November 6, 1954 in respect of Haradhanpore lands and on Dec. 3, 1954 in respect of Kailpara lands. It was held by the Assistant Settlement Officer in the said Section 44 (2a) proceedings, following some decisions of this Court, that on the issue of the notification under Section 49 bringing the provisions of Chap. VI, relating to acquisition of interests of raiyats and under-raiyats, into force, Section 5-B applied with retrospective effect to raiyati and under-raiyati holdings, as if they were estates as contemplated in the said section. As a result, in accordance with Section 5-B which provides that there could be no sale of estates under the Bengal Tenancy Act after June 1, 1954 and any sale held thereafter is to be deemed as void and of no effect the auction purchases in rent sales made admittedly after that date by the opposite party were thus void and of no effect. Accordingly by orders dated January 8 and 27, 1971 the record-of-rights in respect of above khatians were directed to be revised as recording the names of the former recorded raiyats as raiyats with possession of the lands with the auction purchaser as adverse to the recorded raiyats.
( 3 ) APPEALS were preferred against the aforesaid orders by the opposite party under Section 44 (3) giving rise to E. A. Appeals Nos. 86 and 87 of 1971 respectively. By an order dated December 9, 1971 the learned Ninth Additional District Judge, Alipore as the Tribunal under Section 44 (3) allowed the appeals on contest and set aside the impugned orders holding that Section 5-B had no application to raiyati interest and the Assistant Settlement Officer was not justified in treating the auction purchases as invalid. The State of West Bengal has obtained the connected rules against the said orders of the learned Tribunal which on reference, are now before us.
( 4 ) WE shall now consider the relevant sections of the West Bengal Estates Acquisition Act, 1953. Section 4 is as follows :"4. (1) The State Government may from time to time by notification declare that with effect from the date mentioned in the notification, all estates and the rights of every intermediary in each such estate situated in any district or part of a district specified in the notification, shall vest in the State free from all incumbrances. (2) The date mentioned in every such notification shall be the commencement of an agricultural year and the notifications shall be issued so as to ensure that the whole area to which this Act extends, vests in the State on or before the 1st day of Baisakh of the Bengali year 1362" (April 15, 1955 ).
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