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2001 Supreme(Cal) 647

Altamas Kabir, Alok Kumar Basu
Sabita Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Dhruba Mukherjee for the petitioners;
Manjuri Gupta, Ila Chatterjee for the respondents.

JUDGMENT

Altamas Kabir, J: This writ application is directed against the judgment and order dated 11th December, 2000, passed by the West Bengal Land Reforms and Tenancy Tribunal in Original Application No. 414 of 2000 (LRTT), dismissing the petitioners' application for a direction upon the respondents concerned to correct the relevant Record-of-Right in terms of the judgment and decree passed by the District Judge, Birbhum, in Title Appeal No.8 of 1972, reversing the judgment and decree passed by the learned Munsif, 2nd Court, Rampurhat, in Title Suit No. 157/71 (T.S. 144 of 1969).

2. The learned Tribunal upon applying the provisions of section 57B(2)(a) of the West Bengal Estates Acquisition Act, 1953 and upon further interpretation of the reliefs actually prayed for by the plaintiff in the aforesaid suit, inter alia, came to a finding that the plaintiffs suit, although styled as a Title Suit was, in actuality, a suit for declaration that he was a tenant under his father and uncle. The learned Tribunal also observed that section 57B(2)(c) had excluded the jurisdiction of the civil courts to entertain a suit for such declaration no matter, how the suit had been styled, because the g




















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