The main legal point established in the judgment is the entitlement of legal heirs to retain land as independent units under the West Bengal Estates acquisition act, 1953, based on the devolution of interest in coparcenary property under the Hindu Succession act, 1956.

JUDGMENT

arijit Banerjee, J. - This appeal is directed against the judgment and order dated February 18, 1982, passed in a review application being C.R. No. 7181(W) of 1980. By filing the said application, the writ petitioners had sought review of the judgment and order dated March 12, 1980, passed by the same learned Judge in Civil Rule No. 7803(W) of 1976.

2. The brief facts of the case are, one Gajadhar Lodha was the owner of substantial lands situate in the District of Purulia. Prior to becoming a part of West Bengal, the territory which is now known as Purulia was part of the State of Bihar. On February 12, 1954, the West Bengal Estates acquisition act, 1953, came into force. With effect from april 15, 1955, all estates and rights of intermediaries (defined in Section 2 (i) of the 1953 act as a proprietor, tenure-holder, under-tenure-holder or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder and, in relation to mines and minerals, includes a lessee and a sub-lessee) vested in the State (except for the District of Purulia since Purulia was then not a part of West Bengal). With effect from april 14, 1956, all estates and rights of raiyats and under-raiyats vested in the State, except for Purulia district. On June 17, 1956, the Hindu Succession act, 1956 came into force. On September 1, 1956, Bihar and West Bengal (Transfer of Territories) act, 1956, came into force. On November 1, 1956, major part of Purulia was transferred to and became a part of the State of West Bengal by virtue of Section 3 of the Bihar and West Bengal (Transfer of Territories) act, 1956. On September 24, 1958, the West Bengal Transfer of Territories (assimilation of Laws) act, 1958, came into force.

3. On april 2, 1962, Gajadhar died leaving behind as his legal heirs, his widow, two sons, two sons of two pre-deceased sons and four daughters.

4. In 1963, the West Bengal Estates acquisition (Second amendment) act, 1963, was promulgated whereby Chapter VIII, captioned 'application of the act to Transferred Territories', was incorporated in the Estates acquisitions act, 1953. Chapter VIII contains two Sections which are as follows:-

'60. When this Chapter is to come into force.- The provisions of this Chapter shall come into force on such date and in such area of the transferred territories as the State Government may, by notification in the Official Gazette, appoint, and for this purpose different dates may be appointed for different areas.

Explanation.- In this Chapter 'transferred territories' means the territories transferred from the State of Bihar to the State of West Bengal by Section 3 of the Bihar and West Bengal (Transfer of Territories) act, 1956 (40 of 1956).

61. application of the act to transferred territories. - On the issue of a notification under Section 60, in the area in respect of which such notification is issued,-

(1) The Bihar Land Reforms act, 1950 (Bihar act 30 of 1950), shall stand repealed and the provisions of the foregoing Chapters of this act shall mutatis mutandis apply:

Provided that any reference in the foregoing Chapters of this act to the Bengal Tenancy act, 1885 (VIII of 1885), or any provision thereof shall, as the case may be, be construed as a reference,-

(i) in the case of application of such Chapters to the area comprised in the district of Purulia, - to the Chota Nagpur Tenancy act, 1908 (Ben. act VI of 1908), or the corresponding provision thereof, and

(ii) In the case of application of such Chapters to any other area of the transferred territories,- to the Bihar Tenancy act, 1885 (VIII of 1885), or the corresponding provisions thereof;

(2) estates or interests vested in the State Government under the provisions of the Bihar Land Reforms act, 1950 (Bihar act 30 of 1950), prior to the date of issue of the notification shall be deemed to have vested in the State Government under the provisions of this act:

Provided that -

(i) no intermediary shall be allowed to retain any lan