The applicability of sections 14(B) and 14(C) of the West Bengal Land Reforms Act, 1955 in a probate proceeding is questionable, as the function of the probate Court is not to determine the title or validity of the disposition of property.

T. Chatterjee, J.

By consent of parties, this appeal is treated as on day's list and is disposed of by the following judgment.

2. Late Amiya Kisku who was originally a Scheduled Tribe but, subsequently, converted to Christianity executed a Will in respect of his properties left by him. The plaintiff/appellant for grant of probate of the said Will filed a suit being other suit No. 35/95 before the Additional District Judge, 6th Court at Midnapore. In that suit, the respondent Anjali, daughter of Amiya Kisku entered appearance and was contesting the grant of probate. After entering appearance, she filed a petition stating that since late Amiya Kisku belonged to Scheduled Tribe, the transfer of properties of late Amiya Kisku by a Will to a non-Scheduled Tribe was void in view of section 14(B) and section 14(C) of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the Act"). The Trial Court allowed the said petition filed by the respondent Smt. Anjali Das and the suit for grant of probate of the alleged Will of late Amiya Kisku was found to be not maintainable and hit under sections 14(B) and 14(C) of the Act and accordingly, the suit was dismissed.

3. Feeling aggrieved by this judgment and decree of the Trial Court, the present appeal has been preferred by the plaintiff/appellant.

4. We have heard Mr. Dutta, appearing on behalf of the plaintiff/appellant and Mr. Amal Baran Chatterjee for the respondent. From a perusal of the judgment under appeal, it appears that the Trial Court in the case of (1) K. Hansda v. Phonindranath Soren & Anr., 41 CWN 32, and held that by the change of religion by late Amiya Kisku from the protection given to a member of a Scheduled Tribe Act was not lost. The Trial Court relying on the aforesaid Single Bench decision of this Court also held that the provision of section 49(k) of the Bengal Tenancy Act and the provisions of sections 14(B) and 14(C) of the Act were para materia and, therefore, the aforesaid Single Bench decision of this Court would be squarely applicable to the facts and circumstances of this case. Before we proceed further, let us consider the provisions of the West Bengal Land Reforms Act which deal with restriction on alienation of the land by Scheduled Tribes. Section 14(A) of the Act overrides other provisions of the Act section 14(B) of the Act. provides that transfer of land by a raiyat belonging to a Scheduled Tribe shall be void except those provided in section 14(C) of the Act. Section 14(C) of the Act provides modes of transfer of land by Scheduled Tribes. It says that a raiyat belonging to a Scheduled Tribe may transfer his holding or part thereof in any of the following ways viz.:-

a) ………………..(Not required)

b) ……………….(Not required)

c) ……………..(Not required)

cc) …………….(Not required)

d) By gift or Will to a person belonging to a Scheduled Tribe.

5. Therefore, from the aforesaid provisions under section 14(C) of the Act, it can very well be said that a raiyat belonging to a Scheduled Tribe may transfer his holding by a Will to a person belonging to a Scheduled Tribe. That is to say a Scheduled Tribe may transfer his holding by a Will only to a person belonging to a Scheduled Tribe. However, there is a proviso to section 14(C) of the Act which says that any raiyat belonging to a Scheduled Tribe may with the previous permission in writing of the Revenue Officer transfer of sale his holding or any part thereof to a person not belonging to any Scheduled Tribe. Therefore, from the proviso to section 14(C) of the Act, it is clear that in case of transfer by sale of a holding of a Scheduled Tribe, the transfer can be effected in favour of a non-Scheduled Tribe with the previous permission of the Revenue Officer, concerned. We need not deal with this proviso any further in view of the fact that we are only concerned with a case where the transfer effected by a scheduled tribe by executing a Will is at issue. From a conjoint reading of the aforesaid provisions of t