- (1.) AFTER hearing the learned counsel for the parties and having gone through the records myself, i am satisfied for the reasons stalled hereunder, the Rule is to be made absolute, the impugned orders are to be set aside and the order to be sent back for trial afresh according to law.
(2.) THE application, which has given rise to the present proceeding, is under the provisions of section 4 of the West Bengal Restoration of Alienated Land Act, 1973, hereinafter referred to as "the Act". That section provides for restoration to the seller of lands sold by him under certain circumstances and the conditions for the application of that section are as hereunder :- 1. the sale has taken place after the expiry of the year 196 7 and before the date commencement of the Act, or the amending act of 1980; 2. the seller was not holding more than 2 Hectares of land in the aggregate on the date of sale; 3. the sale has been made by the seller either being in need of money for the maintenance of himself and his family or for meeting the cost of cultivation or made with an agreement for the reconveyance of the land to the seller; and 4. the application for restoration has been made within 10 years from the date of commencement of the Act.
(3.) SECTION 4 (4) provides further that the Special Officer, before whom such an application is to be filed, shall, if he is satisfied that the, aforesaid four conditions have been complied with, make an order in writing restoring the land sold to the seller and directing the seller to pay to the purchaser the amount of consideration paid together, with some more amount towards interest and compensation.;