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1949 DIGILAW 18 (CAL)

Sashi Bhusan Manna v. Nirad Baran Nandi

1949-01-11

body1949
JUDGMENT Chunder, J. - This is a petition in revision by the debtor against an order of the Additional District Judge of Midnapore, exercising the powers of revisional authority u/s 40A of the 'Bengal Agricultural Debtors Act (Bengal Act VII of 1936 as amended by Bengal Act VIII of 1940). 2. The application was filed by the Petitioner debtor originally before the Srirampur Debt Settlement Board which was abolished in 1943. After various vicissitudes, which have been dealt with by the District Judge, it was heard by the Special Officer appointed as a Board u/s 4 read with Section 2(5) of the Act. He allowed the application u/s 37A of the debtor and on appeal the ordinary Appellate officer rejected the appeal of the opposite party. In revision, the District Judge, after considering the case on merits, came to the finding that the Courts below acted wrongly in not considering the persons in occupation of the land which was sought to be restored u/s 37A, as tenants, in possession from long before 1940, that is, from 1936. His finding was that they were such tenants in possession from 1936. On such findings of fact, he dismissed the application u/s 37A of the debtor Petitioner setting aside the orders of the Special Officer and the Appellate Officer. Then the present revision petition was filed. 3. It was urged before us that the District Judge can hear a revision petition against the orders of the Appellate Officer and an Appellate Officer can hear an appeal only against an order of a Board. It was contended that a Special Officer is not a Board and, therefore, the District Judge has no jurisdiction to hear a petition in revision against his order. The vesting of the Special Officers with the powers of a Board is u/s 4 of the Act and in Section 2(5) of the definition of a Board shows that a Special Officer in such a case is a Board. Therefore, the contention urged by the Petitioner must fail. There is Ho reason to interfere with the finding of fact arrived at by the District Judge as no question of jurisdiction in any form arises. The order of the learned District Judge is upheld. The petition in revision is dismissed. 4. The Rule is discharged with costs. Hearing fee being assessed at two gold mohurs. Mookerjee J. 5. I agree.