SANKAR PRASAD MITRA, C.J. - (1.) THIS reference has been made by a Bench consisting of S. K. Mukherjea and Sudhamay Basu, JJ. under Chapter II, Rule 1, Sub -rule (ii) of the Appellate Side Rules.
(2.) THE question referred to us is as follows: 'Are transfers made by raiyats after the 5th day of May 1953 but before the 10th of April, 1956 which is the date on which Chapter VI of the West Bengal Estates Acquisition Act, 1953, came into force as provided in the notification made under Section 49 of the said Act hit by Section 5A of the said Act?' The appellant No. 1 purported to sell 12.81 acres of land to her brother, Amal Kumar Roy. on the 31st March, 1956. On this date she also executed a registered deed of gift in favour of her son, Shri Asit Kumar Ghose, in respect of 9.44 acres of land.
(3.) THE Revenue Officer started an enquiry under Section 5A of the West Bengal Estates Acquisition Act, 1953 as to the bona fides of the transfer. By his order dated the 15th November, 1957 in Case No. 287/1, the Revenue Officer declared that the transfers were not made bona fide.;