Law: Specific Relief Act (I of 1877)

Section: 42

  Specific Relief Act (I of 1877), S. 42-Declaratory suit --Plaintiff in possession of suit land-Prayer for further relief or injunction in absence of threat in this behalf not necessary Kumar Bhupendra Kishore Acharyya Choudhury and others v. Province of Bengal P L R 3 Dacca 320 rel. East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Ss. 19 (3), 30, 18 & 20-Revenue record prepared under S. 18 not proved in proceedings under S. 20-Decision not binding on person not party to proceeding-Suit maintainable if party affected. Suresh Chandra Bose for Appellant. Jani Alam, Assistant Government Pleader for Respondents 1,4and5. JUDGMENT IDRIS, J.-This appeal at the instance of the plaintiff is directed against the decision of the Subordinate Judge, Khulna, in a suit for declaration that the order passed in a certain pro ceeding under section 20 of the East Bengal State Acquisition and Tenancy Act against the father of the plaintiff is void, without jurisdiction and not binding on the plaintiff. The case of the plaintiff shortly stated is as follows: The plaintiff, who has been living separately from his father in a different village, is the owner of the lands mentioned in Schedule A of the plaint and has been in possession of the lands, but in a proceeding under section 20 of the East Bengal State Acquisition and Tenancy Act (hereinafter to be called the Act) against his father, out of these lands, the portion mentioned in Schedule B has been declared as the excess land of his father. The order is void, without jurisdiction and not binding on the plaintiff and he is entitled to retain these lands. Defendant No. 1, the Government of East Pakistan, contested the suit. The defence is that the excess declaration with regard to Schedule B land is not void or without jurisdiction, as the plaintiff who is in joint family with his father has no right, title and interest in these lands and is a mere benamdar of his father. Pleas of non-service of notice under section 80 of the Code of Civil Procedure and non-maintainability of the suit in the absence of prayer for confirmation of possession were also raised. The learned Subordinate Judge framed 6…