- (1.) This revisional application has been preferred against the order dated 05/11/2004 passed by the learned Executive Magistrate, Siliguri, in M. P. Case No.94 of 2004.
(2.) Case of the petitioners is that petitioner No. 1 is the Chowkidar and caretaker of the property recorded in R.S. Plot No. 3561 of Mouza Siliguri, which is surrounded by pucca brick built wall, 8 feet height with iron gate along with structure where the petitioner No.1 is residing with his family members. The owners of the said property enjoyed their proprietary right through the caretaker appointed by them. They were in possession of the said property through the petitioners.
(3.) One Munilal Shaw was the absolute owner of the land who took settlement of the same in the year 1926 from the then zamindar of Katwa and as at that time there was no survey settlement within the limits of Siliguri P. S., so all the transactions of the lands, used to be made with reference to boundaries and with approximate areas. By virtue of the said settlement. Munilal Shaw, since deceased, was in possession and occupation of the land in question with the consent of the land owner and also on renewal of his settlement till the interest of the landlord/erstwhile owner vested in the State by operation of law with effect from 15.4.1955 as per provisions of W.B.E.A. Act, 1953. Name of Munilal Shaw was recorded in respect of the case property in the R.S. Settlement showing him as in possession of the said property. On the death of Munilal Shaw, the property devolved upon his four sons and their names were recorded in respect of the land and structure, standing on the case property, with Siliguri Municipal Corporation. The heirs of Munilal Shaw paid upto date Municipal taxes.;