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1978 Supreme(Cal) 638

SALIL KUMAR DATTA
MARCHHIA SAHUN – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
KANIKA BANERJI, Saktinath Mukherjee, SAMARESH NANDI

SALIL KUMAR DATTA, J.

( 1 ) THIS Rule is directed against order No. 8 dated 16-9-70 in case No. 36 of 1970 under Section 44 (2a) of the West Bengal Estates Acquisition Act, 1953 passed by the S. R. O. II and A. S. O. O. S. E. under Section 44 (2a ). The proceedings were instituted by the said officer in respect of Khatian No. 226 (14. 80 acres) and Khatian No, 299 (1) (3. 80 acres) of Mouza Batijora, P. S. Gazole on the ground that the entries of the last settlement record were eliminated without following the principles laid down in Schedule B appended to Rule 25 of the West Bengal Estates Acquisition Rules. It appears that Sakhi Chand Saha who died after vesting had in his possession 22. 52 acres of land in khas possession and by a registered deed of gift D/- 31-1-46,18. 60 acres of land of khatian 22. 6 and 299 (1) were gifted to the petitioners who are his daughter and daughter's son respectively. The officer was of opinion that these transactions were not bona fide and during khasra enquiry or plot to plot verification of the possession of Mouza Batijora in June 1954 all the lands of the said two khatians were found to be in possession of Sakhi Chand Saha himself and none of











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