- (1.) THIS revision at the instance of the State of West bengal is directed against the order No. 33 dated 17th March, 1979 passed by Sri P. K. Das, Munsif, 1st Court Jangipore, Dr. Murshidabad in 0. S. No. 294 of 1976 of that Court.
(2.) THE plaintiff, opposite party No. 1 commenced a suit for declaration that the said opposite party was entitled to get a raiyati settlement of the suit-land as described in the Schedule to the plaint from the petitioner under the provisions of the West bengal Land Reforms Act 1955. Originally the defendant No. 2 (0. P. No. 3) was the owner of the suit-land, and under him the plaintiff opposite party No. 1 was a Bargadar. The suit-land vested in the State under the provisions of West Bengal Estates acquisition Act, 1953, while the opposite party No. 1 was cultivating the suit-land as a Bargadar. The suit was contested by the petitioner raising various defences, inter alia that the civil Court had no jurisdiction to entertain the suit. By the impugned order the learned munsif was pleased to hold that the Court had jurisdiction to try the suit.
(3.) MR, Manan Kumar Ghosh, the learned Advocate for the petitioned contends that the learned Munsif misconceived the provisions contained in sections 14 (S), 14 (T) and14 (X)of the West Bengal Land reforms Act, 1955 and committed an error in finding jurisdiction of the Civil Court to entertain the suit. Reliance is placed on the decision in the case of Asraf Hossain vs. Jahangir Hossain, reported in 1978 CHN 755.;