- (1.) Heard the learned Advocates appearing for the parties.
(2.) Assailing the order dated 11th August, 2010 passed by the West Bengal Land Reforms and Tenancy Tribunal, 1st Bench in O.A. 493 of 2009 (LRTT), this writ application has been filed. The impugned order reads such: We have heard the learned Counsel for the Petitioner and the learned Govt. Representive. Ld. Govt. Representative raised objection. It is revealed at the time of hearing that the land in question was sold in the year 1945. However, the names of the Petitioners were not recorded in the R.S. record of rights their names was not recorded in the L.R. record of rights. Though one Civil Court's order is in their favour we cannot accept the same as there is no evidence that the present Petitioner was in possession after vesting as per W.B.E.A. Act. In view of the said position, we are unable to pass any direction upon the B.L. & L.R.O. concerned and accordingly the instant application is dismissed. Let a plain copy of this order duly countersigned by the Principal Officer of the Tribunal be made over to the learned Govt. Representative for communication to the concerned Authority for information and Xerox certified copy of the order, if applied for by the applicant, be delivered subject to payment of requisite Court fees.
(3.) We are very much surprised to read the order passed by the learned Tribunal below whereby and where under it has been held by the learned Tribunal that irrespective of the order of the Civil Court as the writ Petitioner's name was not recorded in the revisional settlement record of rights and thereafter in the L. R. settlement, his application should be rejected. The entry in the record of rights only has a presumptive value and a rebuttable presumption so far as possession is concerned. It does not vest any title of the property to the recorded person. Since the writ Petitioner set up a case of declaration of his title by decree of a Civil Court, the findings of the learned Tribunal below is contrary to the provision of law.;