D.Basu, J. - (1.) These are three petitions under Article 226 between the same parties, involving common points, which have been heard together.
(2.) The Petitioner's case is that he and his uncle Ganesh (Respondent No. 5) owned lands in East Pakistan, which were exchanged with the properties of one Jahiruddin, situated in Jalpaiguri in West Bengal, in May, 1950 and the parties took possession of the respective lands since then including the disputed lands which were acquired by the Petitioner by that exchange. The deed of exchange, however, was executed by Jahiruddin in favour of Ganesh alone and Jahiruddin also executed an ammuktarnama in favour of Ganesh, about the same time. In March, 1952, Ganesh executed a deed in favour of the Petitioner declaring that whatever interest Ganesh had acquired in the disputed lands would vest in the Petitioner.
(3.) The Petitioner states that by reason of the fact that the deed of exchange stood in the name of Ganesh alone, the Revenue Officer recorded the disputed lands in the name of Ganesh. In July, 1960, a notice under Section 5A of the West Bengal Estates Acquisition Act (hereafter referred to as 'the Act'), which is at Ann. A to the petition was served on the petitioner as transferee. Overruling the contention of the petitioner, the Revenue Officer held the transactions in favour of the petitioner by Ganesh not to be bona fide and annulled the same by his order at Ann. B. The petitioner's appeal to the Special Judge having been dismissed (Ann. C), this petition has been brought, challenging the order of the Special Judge on the ground that it is vitiated by want or jurisdiction, error of law patent on the face of the record and other grounds which will be dealt with by me in their proper places. The Revenue Officers--Respondents 3 and 4--oppose this petition.;