SARAT CHANDRA PANDA Vs. SK AMIN ALT
HIGH COURT OF CALCUTTA
SARAT CHANDRA PANDA
SK AMIN ALT
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(1.) THESE four Rules arise out of four suits for declarations that certain 'awards' under the West Bengal Land Reforms Act, 1955, are illegal, void and without jurisdiction on the ground that the plaintiffs or their predecessors were not bargadars under the present, petitioners under the aforesaid Act. In each of the above suits, there was also a prayer for an injunction, restraining execution of the particular award or 'awards' in question. The 'awards' in question were for delivery of paddy. They were made in proceedings which raised disputes between the parties', as contemplated under Sec. 18 of the West Bengal Land Reforms Act, 1955. The suits were contested by the defendants.
(2.) ONE of the questions, which arose for decision, was whether such suits were maintainable in the Civil Court and this defence was apparently based on Sec. 21 of the above Act, read, of course, with, inter alia, Secs. 18 and 19 of the same.
(3.) THE learned Munsif framed in each suit issue No. 1 on the above point and, within the said issue, which was framed comprehensively, in several parts, in the following form, namely-"1. Is the suit maintainable? has proper court fees been paid is the suit bad for mis-joinder of causes of action?" were included inter alia questions as to court fees, mis-joinder of parties and causes of action and also as to the validity of the claim of the heirs of the alleged original bargadar after the latter's death, which last question arose in some of the above suits. All these points appear to have been covered by the aforesaid Issue No. 1, framed by the learned Munsif,-at any rate, they were dealt with by him under that issue. If the defence succeeded on any of the above points, the particular suit or suits concerned would have been dismissed in limine, but the learned Munsif, having held in favour of the plaintiffs on all the above paints, answered the aforesaid issue Mo. 1 in favour of the plaintiffs and held inter alia that the suits were main tamable and could be dealt with by the Civil Court. It is against this order that the present Rules were obtained by the petitioners.;
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