A revenue officer has no jurisdiction to decide the title of any party.

Siddhartha Chattopadhyay, J.

This instant appeal emanates from the judgment of West Bengal Land Reforms Tribunal passed on 17.12.2014 in which the Ld. Tribunal vouched the findings of B.L.R.O. almost in the same tone and tune.

2. Being aggrieved at and dissatisfied with the said finding of the Ld. Tribunal, these disgruntled appellants called in question about the legality and validity of the judgment of the Ld. Tribunal and prayed for setting aside the impugned judgment as well as a direction upon the Concerned Authority to mutate their names in the R.S.R.O.R. in the interest of effective adjudication factual aspect needs to be reiterated.

3. Filtering out unnecessary details, the appellants' case in a capsulated form is such that Members of Jewish Community created the trust named Elias Meyer Free School and Talmud Torah Trust on 27.03.1912. Thereafter on 16.09.1916, the trustee members of that trust appointed official trustees of Bengal which is now known as Administrator General & Official Trustee. The said trust purchased 76 Bighas and 17 Cottahs of land by registered sale deed on 17.11.1918 and the said land is known as Ezra Arkie Park i.e. suit property. Administrator General & Official Trustee on 02.06.1950 leased out 40 Bighas of land out of 76 Bighas and 17 Cottahs to one B.M. Singh & Sons for a period of 51 years with an option to renewal for another 51 years. Therefore, the trust retained rest 36 Bighas and 17 Cottahs with them.

4. According to the appellants, lease was granted to B.M. Singh & Sons by preserving their rights of the lessee to sublet the suit property. Thereafter, the said B.M. Singh & Sons assigned their leasehold rights in respect of that 40 Bighas of land in favour of Beni Engineering Works Ltd. and in this way the said Beni Engineering Works Ltd. became sub-lessee to the extent of 40 Bighas. According to the appellants, the Administrator General & Official Trustee confirmed the said assignment in due course. The said Beni Engineering Works Ltd. converted itself to Beni Ltd. and began to run a factory on the said 40 Bighas of land. By a letter dated 21st May, 1950 the balance area of 36 Bighas and 17 Cottahs of land constituting the front portion with structure was let out to Beni Ltd. by the Administrator General & Official Trustee for a period of one year with an option to continue for a further period of one year. In this way Beni Ltd. began to occupy and possess entire 76 Bighas and 17 Cottahs of land. Terms & conditions were mentioned in the said letter dated 21.05.1950. The said Beni Ltd. allowed the Appellant No. 2 to occupy the front portion of the said property being 36 Bighas and 17 Cottahs on payment of Rs. 800 (Eight Hundred) per month and since then appellant no. 2 has been in possession. The appellant no. 2 was in exclusive possession as on 14.04.1956.

5. The appellants mentioned in their affidavit in reply that on the date of coming into force of West Bengal Estate Acquisition Act, 1953, Beni Ltd. was in exclusive possession of 40 Bighas of land with structures and Appellant No. 2 became direct tenant under the state in respect of 36 Bighas and 17 Cottahs of land. They added that on the date of coming into force of West Bengal Estate Acquisition Act the trustees were not in occupation or possession of any portion of that land. In 1960, the said trust filed a civil suit before the Ld. Civil Court bearing no. T.S. 71/1960 seeking eviction of Appellant No. 2 from 36 Bighas and 17 Cottahs of land. On the ground of defective notice, Official Trustee initially lost the suit. Thereafter, they preferred an appeal and became successful. They got the decree of eviction. Appellant no. 2 thereafter, filed a second appeal before the Hon'ble Court at Calcutta being S.A. 276/1974 and got a favourable order in which the Hon'ble Single Bench held that they became raiyat under the state, by