D.C.Chakraborti, J. - (1.) This Rule arising out of an application under Article 227 of the Constitution of India is directed against an order made by the Special Judge in an appeal under Sub-section (6) of Section 5-A of the West Bengal Estates Acquisition Act preferred from the decision of the Revenue Officer taken in a proceeding under Section 5-A of the said Act.
(2.) The facts relevant for the present purposes are as follows:
(3.) The concerned Assistant Settlement Officer started proceedings under Section 5-A of the said Act for holding enquiry into the alleged transfer of 71.07/5 ----- acres of land by Jyotindra Lal 12 Mitra Chowdhury, the father of the present opposite parties Nos. 1 to 3 in their favour. The case of the opposite parties is that the transfer was made by a registered Nirupanpatra executed on September 5, 1953 and registered on September 18, 1953. The further case of the opposite parties Nos. 1 to 3 is that their father on February 26, 1953 by an unregistered, schedule showing allotment of different lands to his three sons, that is, the opposite parties Nos. 1 to 3, transferred the lands in question and made over possession to them and that the opposite parties Nos. 1 to 3 have been possessing the lands as per the said Schedule since February 26, 1953.;