This appeal is directed against the judgment and decree dated 3.12.75 passed by the learned District Judge, Murshidabad in Title Appeal No. 281 of 1972 setting aside the judgment and decree dated 15.7.72 passed by the learned Munsif, Additional Court, Kandl in Title Suit No. 12 of 1972.

2. The admitted facts are that the suit-land originally belonged to Sisir Kumar Mukherjee, predecessor-in-interest of respondent nos. 2 to 13, who held the same as a raiyat. He had in his possession agriculture land exceeding the limit of 25 acres. He submitted a return in ‘B’ form under to a 6(5) of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the ‘Act’). In 1956 and thereby opted to retain some lands including the suit land. A Khanda Khatian was accordingly prepared and the rent was assessed at Rs. 27.22 for the retained lands. Thereafter by a registered sale deed dated 14.5.57 he sold the suit-land to the plaintiff appellant for valuable consideration. By a government notification dated 21.1.58, Rule 4A was inserted in the West Bengal Estates Acquisition Rules thereby prescribing a procedure for choosing lands which an intermediary is entitled to retain under