Back
1985 Supreme(Cal) 426
High Court Of Calcutta
G.N. Roy, J.
Jahanara Khatun : Appellant
Versus
Revenue Officer : Respondent
Decided On : Dec 12,1985
Kudrat-E-Kabir
The main legal point established is that the Revenue Officer has no jurisdiction to decide the question of title under the West Bengal Land Reforms Act.
Headnote:
Jurisdiction - Land Reforms Act - Interpretation of Title
Fact of the Case:
The Revenue Officer made an adjudication under the West Bengal Land Reforms Act, proceeding on the assumption that all the lands in question belonged to Akimannessa Bibi. The petitioners produced a registered deed of Hebanama showing that the disputed lands had been transferred to them in 1931, and argued that Akimannessa Bibi had no lands exceeding the ceiling at the relevant time.
Finding of the Court:
The court found that the Revenue Officer had no jurisdiction to discard the registered deed of Hebanama and proceed on the assumption that the title remained with Akimannessa Bibi. The court held that the Revenue Officer cannot decide the question of title within the scope of powers given under section 14t of the West Bengal Land Reforms Act.
Issues: The key issue was the jurisdiction of the Revenue Officer to decide the question of title under the West Bengal Land Reforms Act.
Ratio Decidendi: The court held that the Revenue Officer has no jurisdiction to decide the question of title and cannot hold that a registered deed of transfer, which is otherwise valid, is inoperative for some reason or other.
Final Decision: The impugned order was set aside, and liberty was given to the respondents to start a fresh proceeding under section 14t against the heirs of Akimannessa Bibi if it transpires that she owned and possessed lands beyond the prescribed ceiling limit at the relevant date, excluding the lands covered by the Hebanama.
1. THIS Rule is directed against an adjudication made by the Revenue Officer, Saidabad 'b' Camp at Berhampore on 15th April, 1981 in 7a Case No. 239/77 under section 14t (3) of the West Bengal Land Reforms Act. By the said adjudication the Revenue Officer proceeded on the footing that all the lands in question belonged to Akimannessa Bibi, widow of late Jaayechuddin Biswas of Village Sundalpor,. P.S. Harihar para, District Murshidabadl. The present petitioners appeared in the said 7a Case because at the relevant time the said Akimennessa Bibi was dead. The petitioners through their learned advocate produced a registered deed of Hebanama showing that some time in the year 1931 the disputed lands had been transferred in favour of some of the petitioners and at the relevant time when Chapter IIB of the West Bengal Land Reforms Act came into force Akimannessa Bibi had no lands exceeding the ceiling. Simply because in the revisional record of rights in respect of the lands in question, the name of Akimannesa Bibi appeared, the Revenue Officer discarded the registered deed of Heabanama and he proceed on the footing that the title remained with akimannessa Bibi. I am afraid the Revenue Officer had no jurisdiction to do that. There may be cases when a document of transfer may not be acted upon by the parties but such adjudication can only be given by a competent civil court or an authority competent to do so. Within the scope and ambit of the powers given to the Revenue Officer for deciding a ceiling under section 14t, the Revenue Officer has no jurisdiction to decide the question of title and as such he cannot hold that a registered deed of transfer which is otherwise valid is inoperative for some reason or other.
2. IN the aforesaid circumstances, the impugned order is set aside. Liberty is, however, given to the respondents to start a fresh proceeding under section 14t against the heirs of Akimannessa Bibi if it transpires that the said Akimannessa Bibi in her personal capacity owned and possessed lands beyond the prescribed ceiling limit at the relevant date excluding the lands covered by said hebanama. The Rule is accordingly disposed of There will be no order as to costs. Rule disposed of.
