Bimalendra Nath Maitra, J. - (1.) The petitioner is the plaintiff. He instituted the suit in question against the defendant opposite parties for a declaration of title to the disputed land and for a further declaration that opposite party no. 1 was not his bargadar and also for an order that the order of the Junior Land Reforms Officer dated the 28th of September 1973 was without jurisdiction.
(2.) The learned Munsif considered the objection raised by the defendant, opposite party no. 1, and made a reference to the Bhagchas Officer in accordance with the provisions of section 21(3) of the West Bengal Land Reforms Act, 1955. Being aggrieved by this order, the plaintiff filed the present application.
(3.) It has been contended on behalf of the petitioner that the order in question cannot be sustained. The principal defendant filed a collusive application under section 19B of West Bengal Act X of 1956 before the J.L.R.O claiming barga right to the disputed land and an illegal order was passed against him by the J.L.R.O. It has thus been contended that since there was a previous adjudication between the parties by the J.L.R.O. in regard to the disputed land, the Civil Court had no business to make a further reference to the Bhagchas Officer on the same point. The cases of Sudarshan Ghosh v. Janakinath Pandit, AIR 1976 Cal. 252 : 1976 (1) CLJ 415, and Chapala Bala Adhikary v. Manoranjan Das and others., 1975 (2) CLJ 447 have been referred to.;