P.N. Mookerjee, J. - (1.)This Rule was obtained by the State of West Bengal against an order of the learned Special Judge (District Judge) in a proceeding under Sec. 5A of the West Bengal Estates Acquisition Act, 1953. The disputed property is comprised of certain raiyati holdings. The contesting opposite party No. 1 claims to be a transferee of a portion of the said property and the question was whether Sec. 5A of the said Act would apply to the instant case and whether under the said Sec. the transfer to the opposite party No. 1 was bona fide or not.
(2.)The learned Revenue Officer applied the said Sec. to the instant case and came to the funding, on Certain reasons, given in his order, that the transfer in question was not bona fide under the -said Sec. and that the said transfer should stand cancelled from the date on which it was made.
(3.)Being aggrieved by the above order the transferee, who is the opposite party No. 1 before us, appealed to the Special Judge, and the learned Special Judge, having come to the conclusion that to the instant transfer the above Sec. 5A would not be applicable, allowed the appeal and set aside the order of the learned Revenue Officer on the ground that it was made without jurisdiction.