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West Bengal Land Reforms Act, 1955 ----- Recording of Barga ---- Held that in order to establish bargadar in the land of another person, the Bargadar must prove the following : -
1. that he himself is cultivating land from his own sources;
2. that he shares crops with the land owner, in the proportion provided in the Act and such factum of sharing of crops must be established by documentary evidence, namely receipt;
3. that in case of refusal to accept the share crops by the land owner, he must deposit the same to the credit of the land owner with the concerned Block Land and Land Reforms Officer and obtain a receipt;
4. that in case of refusal to grant receipt against tendering of share crops, the bargadar has to lodge a complaint before the Magistrate under Section 19A (2A) of the West Bengal Land Reforms Act.
West Bengal Land Reforms Act, 1955. S. 19A (2A) ----- Lodging of complaint ----- Held: therein that lodging of such complaint, prima facie establishes the fact of refusal to grant receipt as Section 19A (2A) of the West Bengal land Reforms Act provides that refusal to grant receipt is a punishable offence and the same is cognizable also. Therefore, the importance of issuance of receipt is well‐understood.
West Bengal Land Reforms Act, 1955; S. 18 ----- Recording of Barga ---- Standard of proof ----- Held: though laws of evidence is not strictly applied in such proceeding but the basic facts regarding cultivation of the petitioners’ land by the respondent No.7 and sharing of produce between them in the same proportion as mentioned in the said Act arerequired to be proved by substantive evidence.
West Bengal Land Reforms Act, 1955; S. 18 ------ Refusal by landowner to accept the share of produce ---- Duty cast upon claimed Barga ----- He should intimate the B.L. & L.R.O. and must deposit the share of crop with the Revenue Officer against receipt ----- Issuance of notice to the Land owners regarding deposit of such share of crops ----- Intimation given to the Pradhan about the refusal to accept the share of the produce by the petitioner, cannot be regarded as due compliance of the provision contained in Section 18 of the West Bengal Land Reforms Act, 1955
