- (1.) This application is against a judgment and order of the learned Tribunal dated 4th December 2007. Right from the Bhag Chas Officer, appointed under the West Bengal Land Reforms Act, the appellate authority and lastly learned Tribunal, all the forums have decided that the respondent No. 7 herein is a bargadar and accordingly he has been recorded as such.
(2.) Mr. Basu's client is the owner of the plot of land who purchased the land on 23rd December 2002, as it appears apparently going by the records. Admittedly, the application for recording of bargadar has been made immediately after purchase of the said land. It appears from the records, pursuant to the said application, barga recording case was initiated, being 22 of 2002. It appears from the order sheet that the said application for recording for barga was taken up for hearing for the first time on 26th December 2002; subsequent to the date of purchase.
(3.) Bhag Chas Officer in his own way, recording evidence and hearing all the parties, found that the respondent No. 7 had been cultivating the land in question and his name was recorded as bargadar. The appellate authority affirmed the same which has been re-affirmed by the learned Tribunal.;