M.N.Roy
Hazi Esanuddin – Appellant
Versus
STATE OF WEST BENGAL – Respondent
1. IN this Rule, whichwas obtained with the corresponding interim order for maintenance of status quo as on that date, was obtained on 6th January 1976, against orders of vesting in respect of lands, the particulars whereof are mentioned hereinafter.
2. THE petitioner is stated to be a cultivator and it is his case that at all material times, he maintained and still he maintains himself and his family consisting of two wives and six daughters, out of the usufructs from the lands as involved in this case.
It has also been stated that lands in question, were and are in khas possession of the petitioner and they are below the ceiling limit, as prescribed under the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act ).
3. THE petitioner has stated that as far back as on 15th Baisakh 1354 B. S., corresponding to April 1947, a Deed of settlement (Ekrarnama), was executed dividing a part of the lands belonging to the petitioner among his four sons who are Respondent Nos. 6 to 9. The copy of the said Ekrarnama has been annexed as in Annexure-A to the petition. The petitioner has stated that on the basis of the said document in Annexure-A, his sons, w
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