Niranjan Das vs Lakshmi Mani Dasi

P.K. Banerjee, J.—This Rule is directed against an order passed by both the Tribunals u/s 8 ot the West Bengal Land Reforms Act as well as the appellate Court against the said Judgment. The question which needs for consideration is whether the land in dispute is a doba or not. If that is so, whether that comes within the definition of section 2(7) of the West Bengal Land Reforms Act. It may be stated that in the record of rights the entry made is to the effect that the land is sale land, that is, agricultural land But the fact remains that the land was excavated. It has been stated that at the present moment 3 satak of the land in the recital is a doba. But the doba, in my opinion, does not come within the mischief of the word tank'' as is apparent from the Wilson''s Glossary the doba means low or swampy or inundated land. Therefore, in my opinion the doba is low land. But it Is never a tank which can be said to be excluded from the word land'' as defined in sec. 2(7) of the West Bengal Land Reforms Act. In my opinion therefore there is no merit in the contention raised by Mr. Mazumder that doba is a tank and therefore, it does not come within the mischief of the word ''land'' and as such the application u/s 8 of the W. B. Land Reform Act is not maintainable. The Rule is therefore discharged, but without any order for costs.