West Bengal Estate Acquisition Act, 1953; S. 5A ---
West Bengal Land Reforms and Tenancy Tribunal Act, 1997 –
West Bengal Land Reforms Act, 1956 – Revenue Officer hold that the transfer...
Read MoreWest Bengal Estate Acquisition Act, 1953; S. 5A ---
West Bengal Land Reforms and Tenancy Tribunal Act, 1997 –
West Bengal Land Reforms Act, 1956 – Revenue Officer hold that the transfer made by Sarat Chandra Ghosh, by way of family settlement to his sons, was not bona fide -- The petitioners approached the tribunal by filing a Miscellaneous Application for securing the compliance of the direction of the Civil Court -- The tribunal, dictated the petitioners to prefer appeal before the appellate authority holding that the order under Section 5A of the West Bengal Estate Acquisition Act, 1953 has been appealable -- in a suit, in which State of West Bengal was a party, the title of these petitioners was declared and their possession was confirmed -- The State of West Bengal and, naturally, its men, agents and employees were restrained from giving effect to the order dated January 14, 1969 disposing of the proceeding under Section 5A of the West Bengal Estate Acquisition Act, 1953 -- Held: there was no escape from not complying with the directions passed by the competent civil court -- The settlement records of right are not the documents of title -- Therefore, it must yield to the decree of the civil court.
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