- (1.) The first defendant in a suit for declaration of title and consequential reliefs has filed the present second appeal against a judgment of affirmance. The suit was instituted praying for declaration that the plaintiffs have title in the suit property, for declaration that the entries in the RS settlement record pertaining to the suit property were erroneous, for permanent injunction and other consequential reliefs.
(2.) The primary ground sought to be made out by the appellant in the present appeal is that the suit was barred by Section 57B of the West Bengal Estates Acquisition Act, 1953 since the second relief, being relief 'kha', sought in the suit related to the RS record entries being erroneous. It is argued that sub-section (2) of Section 57B of the said Act specifically bars the suit in view of the same being primarily one relating to a dispute involving determination of a question which ought to be decided by an authority under the said Act. The trial court, while dealing with such issue, came to a specific finding that the prayer pertaining to the RS records was redundant since a decree for declaration of title was also prayed for by the plaintiffs. Such decision was affirmed by the first appellate court.
(3.) Section 57B(2) reads as follows: "(2) No Civil Court shall entertain any suit or application concerning any land or any estate, or any right in such estate, if it relates to - (a) alteration of any entry in the record-of-rights finally published, revises, made, corrected or modified under any of the provisions of Chapter V, (b) a dispute involving determination of the question, either expressly or by implication, whether a raiyat or an intermediary, is or is not entitled to retain under the provisions of this Act such land or estate or right in such estate, as the case may be, or (c) any matter which under any of the provisions of this Act is to be, or has already been, enquired into, decided, dealt with or determined by the State Government of any authority specified therein, and any such suit or application which is pending before a Civil Court, immediately before the commencement of the West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Ben.Act XXXIII of 1973), shall abate so far as it relates to all or any of the matters referred to in clause (a), clause (b) or clause (c).;