Manash Nath Roy, J. - (1.) This Rule was obtained on June 17, 1970 and was made ready as regards service on March 7, 1979. The Rule is directed against a threatened action of taking forcible possession of the lands as mentioned in annexure 'B'.
(2.) The petitioners have stated that petitioner Nos. 1 and 2 purchased .164 decimals of land by registered kobala and for valuable consideration, from one Md. Abdul Ojha. Petitioner Nos. 3 and 4 purchased 56 acres of such lands by registered kobala dated January 17, 1958 and for valuable consideration from the said Md. Abdul Ojha and petitioner No. 5 purchased 25 acres of agricultural lands by registered kobala dated August 27, 1968 and for valuable consideration, from the said Md. Ojha. By the purchase as mentioned above, it has been claimed that the petitioners became owners and purchasers of 1.45 acres of land and they have also claimed to be in possession of those lands on payment of rents against proper receipts. It has also been stated that none of the petitioners has lands more than a ceiling.
(3.) It appears that in the year 1957, a Big Raiyat Case, being No. 36 of 1957, was initiated by the Revenue Officer, Rampurhat, 'B' Camp, against the said Ojha, who is Respondent No. 7 in this proceeding and ultimately such proceeding was disposed of on January 6, 1960. Thereafter, on October 1, 1966, the said Big Raiyat Case No. 36 of 1957 was sought to be reviewed and notice for the same was issued to respondent No. 7. The petitioners have stated that although by this time, they came in possession in the manner as indicated above and this was known to the authorities concerned no notice of such initiation was ever served on them and in fact they had not had the due or necessary opportunities to establish their case. It has been stated by them that at the time of their purchase, they were not aware of the pending Big Raiyat Case.;