9. Revenue Officer to allow the application and apportion lands in certain cases.
(1) On the deposit mentioned in sub-section (1) of section 8 being made, the Munsif shall give notice of the application to the transferee, and shall also cause a notice to be affixed on the land for the information of persons interested. On such notice being served, the transferee or any person interested may appear within the time specified in the notice and prove the- consideration money paid for the transfer and other sums, if any, properly paid by him in respect of the lands including any sum paid for annulling encumbrances created prior to the day of transfer, and rent or revenue, cases or taxes for any period. The Munsif may after such enquiry as he considers necessary direct the applicant to deposit such further sum, if any, within the time specified by him and on such sum being deposited, he shall make an order that the amount of the consideration money together with such other sums as are proved to have been paid by the transferee or the person interested plus ten per cent of the consideration money be paid to the transferee or the person interested out of the money in deposit, the remainder, if any, being refunded to the applicant. The Munsif shall then make a further order that the portion or [share of the plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] be transferred to the applicant and on such order being made, the portion or [share of the plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] shall vest in the applicant.(2)When any person acquires the right, title and interest of the transferee in [such plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] by succession or otherwise, the right, title and interest acquired by him shall be subject to the right conferred by sub-section (1) of section 8 on a [co-sharer of a raiyat in a plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] or a raiyat possessing [land adjoining the plot of land or bargadar] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.].(8)In making an order under sub-section (1) in favour of more than one [co-sharer of a raiyat in a plot of land or raiyat holding adjoining land or bargadar] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] the Munsif may apportion the portion or [share of the plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] in such manner and on such terms as he deems equitable.(4)Where any portion or share of a [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] is transferred to the applicant under sub-section (1), such applicant shall be liable to pay all arrears of revenue in respect of such portion or share of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] that may be outstanding on the date of the order.(5)The Munsif shall send a copy of hiS order as modified on appeal, if any, under sub-section (6) to the prescribed authority for correction of the record-of-rights.(6)Any person aggrieved by an order of the Munsif under this section may appeal to the District Judge having jurisdiction over the area in which the land is situated, within thirty days, from the date of such order and the District Judge shall send a copy of his order to the Munsif. The fees to be paid by the parties and the procedure to be followed by the District Judge shall be such as may be prescribed.(7)Every appeal pending before an Additional District Magistrate at the commencement of section 8 of the West Bengal Land Reforms (Amendment) Act, 1972, shall, on such commencement, stand transferred to, and be disposed of by, the District Judge having jurisdiction in relation to the area in which the land is situated and on such transfer, every such appeal shall be dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provisions of this Act, as amended by the West Bengal Land Reforms (Amendment) Act, 1972.
