S.K. Chakraborty, J. - (1.) A short point arises for determination in this Rule. It is as to whether a respondent in an appeal filed under Sec. 44(3) of the West Bengal Estate Acquisition Act 1953, hereinafter referred to as the Act, has the right to file a cross objection. This point arises as follows: (2) The petitioners before us filed an application before the Assistant Settlement Officer for correction of entries in regard to some plots including Plot No. 275 claiming to be in exclusive possession of the same. The Assistant Settlement Officer refused their prayer in respect of all the plots except Plot No. 275. Thereafter some of the opposite parties before us preferred an appeal before the Tribunal in accordance with Sec. 44(3) of the Act making the present petitioners respondents thereto, in respect of Plot No. 275. The present petitioners appeared in the appeal and filed also cross objection in respect of the Plots, other than Plot No. 275. The learned Tribunal held that the cross -objection was not maintainable and rejected the same. On merits also, he found that the Assistant Settlement Officer erred in recording the possession of the present petitioners exclusively in respect of Plot No. 275, and allowed the appeal.
(2.) In this Rule the petitioners contend that the learned Tribunal erred in holding that the cross -objection was not maintainable and further that Plot No. 275 was not in their exclusive possession.
(3.) As regards the first point, neither the Act, nor the Rules framed thereunder contain any provision empowering a Respondent to file cross -objections before the Tribunal. Sec. 44(3) empowers an aggrieved person to file an "Appeal in the prescribed manner to a Tribunal appointed for the purpose of this Sec. and within such period and on payment of such court fees as may be prescribed." Under Sec. 55(2) of the Act, "The State Government may appoint one or more Tribunals for the purpose of Sec. 44. Such Tribunal shall be composed of a single member who shall be a person, who is or has been a District Judge or Additional District Judge and shall have all the powers of a Civil Court under the Code of Civil Procedure 1908".;