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1962 Supreme(Cal) 175

BANERJEE
Sahiruddin Ahmed – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
B.C. Ghosh Roy, D.N. Basu, Diptikana Bose, N.C. Chakravarti, Nani Coomar Chakraborty.

JUDGMENT

1. THE petitioner feels aggrieved by an order made against him under section 5a (3) of the West Bengal Estates Acquisition Act as affirmed in appeal. The petitioner states that on October 10, 1950, he had taken a loan of Rs. 5000/- from his mother Sarimannessa, respondent No. 8, on a promissory note but failed to repay the same. Being hard pressed for repayment, but having no other means to repay, the petitioner decided to transfer to his mother 29. 89 acres of land, in five jotes, in satisfaction of the debt. Pursuant to the aforesaid decision, with which his mother had agreed, the petitioner executed a bainanama, dated January 7, 1953, agreeing to convey the aforesaid 29. 89 acres of land to his mother for a consideration of Rs. 6000/ -. After the bainanama was executed, his mother acknowledged repayment of Rs. 5900/- only and there was an agreement between the petitioner and his mother that she would pay to the petitioner a sum of Rs. 100/-within two years of the date of the agreement and would get a conveyance executed by the petitioner in her favour. Possession of the land, the petitioner alleges, was made over to his mother at the time of the bainanama but the convey











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