Narayan Chandra Sil, J. - (1.) The present appeal is directed against the judgment and decree passed by Sri B. Bhattacharyya, learned Additional District Judge, Third Court, Howrah dated 30.11.1979 in connection with Title Appeal No. 186 of 1979 which arose out of the judgment and decree of dismissal passed by Sri R.K. Chakraborty, learned Munsif of Amta dated 11.5.1979 in connection with Title Suit No. 48 of 1976.
(2.) The suit was for declaration of title and injunction. Both the lower Courts have traversed the facts of the case in details and as such I refrain myself from mentioning the same here in this judgment. In fact, the vortex of the case is the question of succession of Mangala Bala, the defendant No. 1 under the Hindu Law and the jurisdiction of the Civil Court to entertain the suit where there is incidental challenge of the records of rights. The substantial question of law have been formulated accordingly to the terms whether the Courts below made any perverse finding in appreciation of the question of law. None appears for the respondent and hence the appeal is taken up for ex parte consideration.
(3.) Mr. Gopal Chandra Mukherjee, appearing on behalf of the appellant/defendant argues before me that the proper forum was the Land Tribunal and not the Civil Court when the question regarding the correctness of the record of rights is involved and in this connection he has referred to the provisions of Section 8 of the West Bengal Land Reforms and Tenancy Tribunal Act. According to him the jurisdiction of the Civil Court has been ousted by the provisions of that Section. Mr. Mukherjee has also taken one through Rule 88 of Mulla's Hindu Law relating to Dayabhaga School and it appears therefrom that the sapindas of the Bengal School succeeds in the following order : 1-3. Son, grandson and great-grandson. 4. Widow. 5. Daughter. But there was priority amongst the daughters and thus, the unmarried daughter succeeds; and then the married daughter who has or is likely to have male issue.;