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2022 Supreme(Cal) 294

HARISH TANDON, SHAMPA DUTT PAUL
Kajal Dutta Pramanik – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Md. Younush Mondal, Adv., Mr. Aniruddha Tewari, Adv., for the Appellant; Mr. Chandi Charan De, Ld. Additional Government Pleader, Mr. Haripada Maity, Adv., Mr. Anirban Sarkar, Adv., Mr. S. N. Biswas, Adv., for the Respondent

JUDGMENT

Harish Tandon,J. - Admittedly, one Jyotish Dutta since deceased was an absolute owner of the subject land and the RS record-of-rights would corroborate the aforesaid act. He left behind himself surviving after his death six sons namely Satan Chandra Dutta, Trilochan Dutta, Satya Ranjan Dutta, Sarat Chandra Dutta, Mirtunjoy Dutta and Chittaranjan Dutta. Subsequently, on an application of one Gouri Bala Dutta since deceased who was the widow of Mirtunjoy Dutta, their record of right was published in her name showing her possession in respect of a subject land and an absolute owner thereof. Sometimes in the year 1959, the portion of the subject land was acquired by the Government of West Bengal and the compensation was paid to the said Gouri Bala Dutta as her name was recorded in the record of right as absolute owner and possession thereof. On 13.8.1960 one of the son of Jyotish Dutta namely Sarat Chandra Dutta raised an objection before the competent authority against the recording of the name of the Gouri Bala Dutta as absolute owner. The matter was taken out by the Revenue Officer and upon hearing was pleased to reject the said application; meaning thereby the record of rig

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