Ajit Kumar Sengupta, J. - (1.) This application is directed against the order dated 9th December 1978 passed by the Revenue Officer directing that Barga recording be made in the names of the respondent nos. 5 and 6.
(2.) The petitioners are brothers and are the owners of about 12 bighas of land in various plots in khatian No. 331(Kri) J.L No. 47, Mouja Tanrui, Goghat, Hooghly (hereinafter referred to as the said lands). The said lands were purchased by the petitioners between 1964 and 1968 and since the said purchase, the lands are in their "personal cultivation and supervision", either the C.S records nor in the R.S records, there is any mention of any bargadar in respect of the said lands. The petitioner no. 1 who looked after the cultivation had severe heart attack and it necessitated the appointment of some person to supervise the cultivation. It is the case of the petitioner that respondent no. 5 and 6 agreed to supervise the cultivation on an yearly remuneration of Rs. 1320/- and they were engaged on those terms in 1974. They were never paid any share of the produce.
(3.) The respondent nos. 5 and 6 wrote a letter to the Settlement Camp, Kamarpukur, Hooghly on 20.12.77 claiming that they had been cultivating the said lands of the petitioners as bargadars for the last five years and had delivering the share of the produce to the petitioners.;