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november 1962

Supreme Court of India · 1962-11-28

NIBARAN CHANDRA BAG ETC. vs MAHENDRA NATH GHUGHU

Citation / case number
SC 1960/245
Court
Supreme Court of India
Petitioner
NIBARAN CHANDRA BAG ETC.
Respondent
MAHENDRA NATH GHUGHU
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that under Section 44 of the West Bengal Estates Acquisition Act, 1953, the Settlement Officer has jurisdiction to determine the status of parties in the draft record of rights. The Court ruled that the High Court, while exercising its powers under Article 227, cannot interfere with concurrent findings of the Revenue authorities unless there is a jurisdictional error or perverse findings. The Court upheld the Settlement Officer's classification of the appellant as a temporary lessee, emphasizing the need for maintaining a record of oral evidence to ensure the right of appeal is not nullified.

NIBARAN CHANDRA BAG ETC. vs MAHENDRA NATH GHUGHU · Niyam