The L.A. Judge, being a Civil Court, has the jurisdiction to decide the question of title arising in a reference case under Section 18 of the Land Acquisition Act, 1894, and the order of the Appellate Tribunal under Section 44(2A) of the West Bengal Estates Acquisition Act, 1953, affirming a person's tenancy is not conclusive on the issue of title and can be challenged in a Civil Court.

( 1 ) THIS first appeal is directed against the judgment and decree passed by the learned Judge, Land Acquisition Tribunal, Additional district Judge, 1st Court, Howrah in L. A. Case No. 19 of 1968 thereby allowing the L. A. Misc. Case No. 19 of 1968 filed by respondent No. 1. Being aggrieved by, and dissatisfied with, the judgment and decree passed by the learned L. A. Judge the O. P. No. 1 as appellant has preferred the instant appeal.

( 2 ) THE reference case arose out of an application under section 18 of the land Acquisition Act (hereinafter called L. A. Act), 1894 filed by the plaintiff respondent alleging that the petitioners and their co-sharers are entitled to receive compensation in respect of plot No. 2052 of Mouza Duillya known as duilya Garden South Paddy Land within P. S. Sankrail, and for declaration that compensation has been wrongly awarded in favour of the defendant appellant. It was also alleged in the said reference petition that defendant appellant Jiten Chalki had never any right, title and interest in the said plot no. 2052. In the petition of reference, the valuation made by the L. A. Collector was challenged and the petitioners laid claim to other plots covered by the award but at the time of hearing of the reference petition the petitioners abandoned their claim in respect of other plots except plot No. 2052 and their claim for higher valuation. Accordingly, before the learned L. A. Judge the only question that fell for consideration was whether the award made by the L. A. Collector in the name of Jiten Chalki in respect of plot No. 2052 was proper or not.

( 3 ) THE contesting O. P. Jiten Chalki in his written objection took the plea that he took settlement of Gula tenancy in respect of suit plot No. 2052 along with other plots at a produce rent of 91/2 maunds of paddy and that his name was duly recorded in the finally published record-of-rights in a proceeding under section 44 (2a) of the West Bengal Estates Acquisition Act (hereinafter called wbea Act ). The further defence case is that the Appellate Tribunal upheld the judgment of the Revenue Officer and directed that name of Jiten Chalki should be recorded as a tenant under the reference petitioners Kundu Chowdhuries. Against the said decision of the Appellate Tribunal, the Kundu Chowdhuries moved the High Court in revision, but the High Court affirmed the order of the appellate Tribunal. Accordingly, it was the contention of the defendant appellant that he was the recorded tenant in respect of suit plot No. 2052 and the award made in his name and in the name of his transferee by the L. A. Collector was legal and proper.

( 4 ) THE learned L. A. Judge after hearing the submissions of both parties and considering the evidence and materials on record allowed the misc. case i. e. the reference application filed by the reference petitioners and declared that the reference petitioners and their co-sharers belonging to the group of Bhola Nath kundu Chowdhury to whom the plot No. 2052 was allotted under the final decree for partition passed in the High Court are entitled to receive compensation money in respect of the award made by the L. A. Collector relating to the said plot. The learned L. A. Judge accordingly directed the L. A. Collector to modify the award by deleting name of Jiten Chalki and his transferee and to substitute the name of reference petitioners and their co-sharers and to pay them the compensation amount.

( 5 ) MR. Giri, the learned Advocate for the appellant submitted that the appellant Jiten Chalki took Gula tenancy from the then Zamindars Kundu chowdhries long back and his name was duly recorded and finally published in the record-of-rights. Initially his name was recorded as a bargadar and challenging the said entry Jiten Chalki filed an application under section 44 (2a)of the WBEA Act for correction of the entry and recording his name as a tenant under the Kundu Chowdhuries. Mr. Giri contended that the applicat