SIDDHESWAR PAN Vs. BHARAT CHANDRA PAN
LAWS(CAL)-1961-5-18
HIGH COURT OF CALCUTTA
Decided on May 02,1961

SIDDHESWAR PAN Appellant
VERSUS
BHARAT CHANDRA PAN Respondents

JUDGEMENT

- (1.) THIS is a petition under Art. 227 of the Constitution against an order of the appellate authority under the West Bengal Land Reforms Act. The Bargadar died after the close of the term. The term was for five years from 1358 B. S. to 1363 B. S. In 1364 B. S the bargadar died and he did not deliver the produce. Both the authorities below have granted orders in favor of the owner.
(2.) THE first question that has been raised by the learned Advocate for the petitioners is that the sons are not liable. It is indeed true that during the entire term of the barga settlement the father was alive and so liable. After the period of five years expired the bargadar continued in possession not on the basis of the contract but on the terms of the West Bengal Land Reforms Act. Therefore he would still be liable as bargadar but the liability of the heirs should be limited to the extent of the assets that they got from their father.
(3.) IN that view of the matter, the orders of the authorities below must be varied to this extent that the entire amount will be realised from the assets of the deceased bargadar in the hands of the petitioners before me.;


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