( 1 ) THIS writ petition was heard along with WPLRT no. 209 of 2002 as in both writ petitions the self-same judgment of the west Bengal Land Reforms and Tenancy Tribunal was under challenge.

( 2 ) THE respondent No. 6 is a school established by the members of the Jewish community for imparting education to their children. By an indenture dated March 27, 1912 a trust was created by the then members of the managing committee of the school appointing three members of the said community as trustees or the trust. The trust subsequently by a deed of trust dated June 16,1916 appointed the Official Trustee of West Bengal as the trustee of the said trust for managing its affairs.

( 3 ) BY a registered indenture dated November 17, 1938 the trust purchased 76 Bighas 17 Cottahs of land at Mousa Ariadaha, Kamarhati which was popularly known as Ezra Arakie Park (hereinafter referred to as park ).

( 4 ) ON June 2, 1950, the Official Trustee demined the rear portion of the PARK comprising of an area of 40 Bighas by a deed of lease in favour of one B. N. Singh and Sons for 51 years having an option clause for removal of lease for a further period of 51 years.

( 5 ) THE said B.