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1981 Supreme(Cal) 93

M.N.Roy
Iswar Basanti Durga Debi – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
Himadri Sankar Majumder, K.N.Inha, R.C.Bose, Rathindranath Bhaduri, Sadhan Gupta, Saktinath Mukherjee

JUDGMENT

1. THE Deity Sri Iswar basanti Durga Debi (hereinafter referred to as the said Deity), is represented through her shebait. Sri Siddhewar panda. THE said Deity has claimed to have owned and possessed 27. 88 acres of agricultural lands, situated within non-irrigated areas. It has also been stated that the name of the said Deity was duly recorded in the record of rights, as prepared under the West bengal Estate Acquisition Act, 1953 (hereinafter referred to as the said 1953 Act). THE said Deity has further stated to have retained, lands upto the prescribed ceiling under the said 1953 Act.

2. IT is the case of the said Deity that in 1953, enquiries were held with regard to the entry and Debuttar character of the properties, by the Revenue officer concerned, for ascertaining whether the said Debuttor or the properties of the same, were absolute Debuttor and were used for religious purposes and after necessary enquiries, the answer was in the affirmative.

The said Deity has further stated to have filed a return in Form 7a of the west Bengal Land Reforms Act, 1955 (hereinafter referred to as the said 1955 act), as she did not possess lands more than the prescribed ceiling retain














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