ATAL BEHARI GURAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this Rule, the petitioner has impeached an appellate order in Annexure "d", arising out of a proceeding initiated and determined under section 5a of the West Bengal estate Acquisition Act, 1963 (hereinafter referred to as the said Act ).

(2.) ONE Kedar Nath Guria, Respondent No. 4 had 2 wives and the petitioner Atal Behari Guria is the son by his first wife. Sri Santosh Kumar guria is another son by the second wife of the said Respondent No. 4. It has been stated that in 1358 B. S. as there were ill feeling between the 2 step brothers, the father. Respondent No. 4 for the purpose of bringing about peace and amity between them. Had got them separated and for the purpose of making provision for maintenance of the sons, he gave them about 36. 33 acres of agricultural lands including scane bastu and other lands. It appears that possession of those lands were delivered to the sons and since then the petitioner has alleged to have used, enjoyed and possessed his share of lands independently and without any interruption from others.

(3.) THE properties as mentioned hereinbefore along with other properties belonging to the Respondent No. 4 were not duly partitioned among the co-sharers, so no registered documents in respect of those properties could be effected. It has also been stated that since the petitioner was possessing his share of lands, they were duly recorded in his name in the finally published revisional record of rights and he has been paying rents duly and regularly to the State of West Bengal. In fact he has paid such rents upto 1371 B. S.