1. THIS Appeal is directed against the judgment and order dated the 6th September 1985 passed by a learned single Judge of this Court summarily dismissing the appellant's petition under Article 226 of the Constitution of India, confirming the order of the respondent No. 1 dated 17th July, 1985 in case No. L. R. (A) 48 of 1979, on the grounds made out in the Memo of Appeal.

2. IT is contended by the Appellant-Writ petitioner (herein-after referred to as petitioner) that his father late Bejoy Krishna Nayak was bargadar in respect of the disputed C. S. plot Nos. 185 186 under Khatian No. 180 J. L. No. 142 within Mouza-Dakshin Battola, District 24-parganas admeasuring 4.23 acres of land under the owner thereof, Kinkar Charan sarkar. On the death of the said Kinkar Charan Sarkar his window Tarubala Sarkar inherited the said land and became the owner thereof. Both Kinkar Charan and Tarubala used to received the shares of bhag produce from his Butrga lar Bejoy Krishna, and grant receipts therefor. The said Bargadar had tried on 19th November, 1977 leaving behind the petitioner, Bibhuti Bhusan, his mother Hem Prova, his younger brother Hari Krishna, and four sisters, Gouiri Bala Na