S.B. Sinha, J.

This writ application as directed against a judgment and order dated 4.4.94 passed by the respondent No. 2 as contained in annexure 'c' to the writ application thereby and whereunder he allowed an appeal filed by the private respondent No. 4 from an order dated 18.8.92 passed by the respondent No. 3 dismissing an application for restoration filed by the private respondent under the provisions of the West Bengal Restoration of Alienated Land Act, 1973 (hereinafter referred to as 'the said Act'.)

2. The said application was filed on the ground that a deed of sale was executed by the respondent No. 4 in favour of the petitioner on 4.6.68 and whereas in the said deed of sale consideration amount was shown as Rs. 1,000/- according to the respondent No. 4, he received only a sum of Rs. 700/-. It was contended that there was also an oral agreement of repurchase.

3. The application for restoration was filed by the respondent No. 4 on the ground that he said the same for meeting the expenses as the same was necessary to maintain his family; whereas the case of the petitioner is that such sale deed was executed with a view to develop his business. By reason of an order da