- (1.) Leave granted.
(2.) The present appeal, by special leave, is directed against the order dated 05.12.2012 passed by the High Court at Calcutta in W.P.L.R.T. No.279 of 2012 whereby the High Court has concurred with the view recorded by the West Bengal Land Reforms Tenancy Tribunal in O.A. No.1783 of 2009 whereby it has upheld the order passed by the appellate authority who has affirmed the recording of the mutation entry in favour of the 5th respondent herein.
(3.) It is submitted by Mr. Ranjan Mukherjee, learned counsel for the appellants that the High Court has not taken into consideration the judgment and decree passed by the 2nd Court of the Civil Judge (Junior Division), Hooghly in Title Suit No.40 of 2005. He has drawn our attention to the judgment whereby the trial Judge has opined that the deed of gift executed in favour of the respondent No.5 in the year 2004 is not binding upon the plaintiffs. It has also been directed therein that the defendants shall not interfere in the possession of the plaintiff as long as the possession is not terminated lawfully.;