The question of title cannot be gone into in a mutation proceeding.

PRANAB KUMAR CHATTOPADHYAY, J.

1. THIS writ petition has been filed assailing the judgment and order dated 9th August, 2010 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 548 of 2008 whereby the said learned Tribunal dismissed the application on merits.

2. THE relevant facts which are necessary to decide the issues raised in this writ petition are stated as under : By a registered Deed of Sale dated 27.07.2001 Sri Sukdeb Pal and others, (hereinafter referred to as the " Pal Brothers") transferred the land altogether measuring 380 acres in L.R. Plot No. 2702 and 2701 under L.R. Khatian No. 1642/7 in Mouza Sadhanpur, P.S. Burdwan, District. Burdwan. The predecessors of the said Pal Brothers by registered Deed of Arpannama dated 22.12.1923 dedicated the properties described in the said Deed of Arpannama in favour of the family deity " Salagram Sila" (Sri Sri Narayan Jew) duly consecrated and installed in their dwelling house, namely, " Pal Building" at B.B. Ghosh Road, Burdwan. The Arpannama interalia provided for secular use of only 1/4th part of the income and usufruct of the dedicated property. Over a dispute about the collection from and management of the dedicated property a Suit being T.S. No. 274 of 1949 was filed by Sri Bishnu Pada Pal which was subsequently renumbered as Title Suit No. 197 of 1950 and ultimately disposed of by a Compromise Decree passed on 23.05.1951. Under the said Compromise Decree each brother and after his demise heirs became entitled to carry on Seva Puja for a period of three months every year. The "Ka" Schedule property was to be partitioned by metes and bounds and debuttar funds were to be distributed among the four brothers. It was further provided that each of the brothers would have absolute title and possession. According to the terms of the Compromise Decree debottar was adjudged as " Partial" and accordingly the property in question was declared to be subject to charge for Seva Puja and heritable as well as transferable.

The land involved in this Writ application appertained to a building which was about 100 years old and occupied by different tenants. The total annual income was Rs. 53,000/- after deducting the collection charge and the taxes payable for the property. There was acute difficulty in performing the Seva Puja. There was also substantial outstanding dues towards charges and Seva Puja. The Municipal authorities by several notices had been asking the said Pal Brothers to demolish the building and were holding out threats about penal measures.

3. IN the circumstances the Pal Brothers by holding a meeting on 15.07.2001 decided to sell the property in the maximum available market price and pursuant to the said resolution the property involved was sold to the petitioners at a total consideration of Rs.18 lakh by a Registered Deed dated 27th July, 2001. On the application of the petitioners, the Local Municipal Authorities mutated their names in relation to the purchased property.

4. THE Block Land and Land Reforms Officer, Sadar, Upon a similar application made by the petitioners rejected their prayer for mutation by an order dated 12th June, 2007 in Mutation Case No. 26 of 2002. The BLLRO disputed the legality of the Compromise Decree and relied upon the recitals in the Arpannama particularly about the bar in respect of the transfer. The BLLRO only directed the recording of the names of the petitioners under column 16.

again went into the question of title and after considering the Deed of Arpannama as also the Compromise Decree in Title Suit No. 197 of 1950 held as follows:-

"So, from the discussions as set-forth herein above it is crystal clear that the properties have been fully dedicated to the deity. Thus, such absolute being the nature of dedication and the shebaits having been restrained from making any sort of alienation thereof and from use and occupation of such debuttar property other than the cause of seva puja of the deity and protection