BRAJENDRA KUMAR PARIA Vs. GOSTA DOLUI
HIGH COURT OF CALCUTTA
BRAJENDRA KUMAR PARIA
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(1.) THIS Rule is directed against an appellate order, by which a learned Munsif set aside the order of a Revenue Officer directing eviction of a bargadar from the land in question on the ground of the requirement of the landlord, and remanded the matter to the said Revenue Officer for a fresh trial.
(2.) THE question that arises for our determination is whether a Munsif, in exercise of his jurisdiction under section 19 of the West Bengal Land Reforms Act, 1955, has the power to remand any matter to the Revenue Officer.
(3.) SECTION 19 of the West Bengal Land Reforms Act is herein below set out:
"sec. 19 (1) : An appeal shall lie to the Munsif, having jurisdiction over the area in which the land is situated, against any order made under section 17 or section 18 except where such order was made with the consent of the parties to the dispute. The Munsif shall, on an appeal being disposed of, send a copy of his order to the officer or authority whose decision is appealed against. (2) The period within which the appeal mentioned in sub-section (1) must be filed shall be thirty days from the date of the order appealed against. ";
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