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1975 Supreme(Cal) 350

M.N.Roy
Panchanan Paik – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
Apurba Lal Basu, Bhupendra Kumar Panda, Mrinal Kanti Roy, Paritosh Mallick, Snehangshu Kanta Acharyya, Subhas Saha

JUDGMENT

1. IT appears that respondent Nos. 4 (a) - 4 (c) Nairn mondal, Raisuddin Mondal and Abbas mondal filed an application being Case no. 2. 2 of 1973 before the Junior Land reforms Officer, Habra, L. R. Circle, 24 Parganas, Respondent No. 2, against the petitioner claiming to be Bargadars and prayed for necessary recording. The said Junior Land Reforms Officer by Order No. 6 dated December 7, 1973 on consideration of the available evidence, allowed the said application. The said order has been impeached in this rule.

2. THE petitioners have alleged that they along with proforma respondent no. 2 Birendra Nath Mondal were and are owners of 2. 90 acres of lands and have been in khas possession of the said lands. It has also been alleged that they have cultivated those lands with the help of their own labourers along with other hired labourers and because of the fact of such possession, their names have been duly recorded in the finally published records. It has further been alleged by them that Ayub Ali mondal, proforma respondent No. 1 who is the father of the said Respondent No. 4 (a)-4 (c) was a labourer under them and the said proforma Respondent No. 2 for 1377 B. S. and he cu













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