LexSTATE OF WEST BENGAL versus SAILENDRA NATH SEN
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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STATE OF WEST BENGAL
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v.
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SAILENDRA NATH SEN
APRIL 22. 1993
[KULDIP SINGH AND P.B. SA WANT, JJ.]
West Bengal Estate Acquisition Act, 1953:
Ss. 4, 5, 5A, 5B, 49.52, 44 (2a)-Raiyati holdings-Prohibition on sale with
effect from 1.6.1954-Notification under s. 49 issued w.ef 10.4.1956-Decree
A
B
for arrears of rent in respect of land held by Raiyat-Excution of-Auction sale
C
of raiyati interests effected after 1.6.1954-Name.of auction purchaser entered as
Raiyat in record of rights-Proceeding 10 revise entries-Order of Asst. Settle·
ment Officer substituting name of original Raiyat for auction purchaser-Held,
sales of raifati i~;rests effected on or after 1.6.1954 are invalid-Order of Asstt.
Settlement Officer upheld.
D
The Bengal Tenancy Act, 1885:
S. 168A-Decree for arrears of rent in respect of land held by
Raiyat-Execwion of-Sale of raiyati interests on land in question-Held, decree
pursuant to suit under Tenancy Act ca11-not be executed except under the
provisions thereof-Provisions of Code of Civil Procedure not applicable-After E
intermediary interests v~st in State under West Bengal Estate Acquisition Act,
1953, s. 168A would noi come in operation-Decree·holder is to proceed against
other property of judgment-debtor.
The name of the respondent auction~purchaser was entered as raiyat in
respect of certain lan~s on the basis ofauction sales dated 6.U.1954 and 3-12-
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1954 in execution of the decree for arrears of rent in respect thereof. In 1970
the Assistant Settlement Officer initiated proceedings under s. 44(2a) of the
West Bengal Estate Acquisition Act, 1953 for revision of the record of rights
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-in respect of the lands, taking the view that the rent execution sales heIDg
effected after 1.6.1954 were invalid under s. 58 of the Act. Accordingly, he G
ordered correct~on ·of th~ record of rights by _substituting the n~mes of the
original raiyats for the auction-purchaser.·· ·
The respondent filed appeals which were allowed by the appellate
authority holding thats. 58 of the Ac~ bad no application to raiyati interests.
The State fded writ petition under Article 227 of the Constitution before the H
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SUPREME COURT REPORTS
[1993] 3 S.C.R.
High Court.
The Special Bench ot the High Court, confirming the decision of the
appellate authority, held that the effective date ins. SB of.the Act in respect
of sale of raiyati and under-r:aiyati holdings under the relevant statutes
mentioned therein was 1.6.19S4; that s. SB did not operate as a bar to
execution of decree for ar~ears of rent as a money decree against raiyati or
under raiyati interests, and s.168A (1) of the Bengal Tenancy Act, 188S was
impliedly repealed by the vesting of the interests of the intermediary includ-
ing raiyats and under-raiyats in the State; and that the initiation of1he
proceedings under s. 44(2a) of the Act was witJtoutjurisdiction. The State fded
the appeals by special leav~.
The State challenged ~he judgmentonhe High Court on the ground that
the High Court was not rightin holding thats. SB oftheA~t would not operate
as a bar against the sale ofiraiyati or under-raiyati interests if the execution
of the rent decree is treated as an execution of money decree under the Code
of Civil Procedure; and th11t the sale made pursuant to the execution of the
mc;mey decree under the Code even though for rent, and of the raiyati or
under-raiyati interest hol~el", would not be a sale under the statutes men-
tion<;d in s. SB including the Tenancy Act.
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Allowing the appeals, this Court,
HELD: 1.1 The proceedings initiated by the Assistant Settlement Offi-
cer to revise the entries .in the record of rights made in favour of the
respondent auction purchaser and the orders passed by him recording the
names of the former raiy,ats as raiyats with possession of the lands and
deleting the name of the auction purchaser, were valid as the raiyati interests
were sold after 1.6. 19S4 in execution of the decree for arrears of rent in
respect of the lands in question. (360 -C-E)
1.2 By virtue of the notification issued under s. 49, s. S2 makes the
provisions of ss. 4, S, SA and SB, among otbers, ·of Chapter II of the Act
applicable to the raiyati and the under-r:aiyati interests on the issuance of such
notification. (3Sl-H)
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1.3 In the instant case the Notification No. 680 dated 9.4.19S6 issued
under s. 49 was brought into force with effectExcerpt shown. Read the full judgment & AI analysis in Lexace.