Section 4(4) in The West Bengal Restoration of Alienated Land Act, 1973
(4)If after considering such evidence and hearing the parties the Special Officer is satisfied that such transfer was made by the transferor within the time, and for the purpose, referred to in clause (a) of sub-section (1), or, as the case may be, within the time, and under the conditions, referred to in clause (b) of that sub-section, the Special Officer shall make an order in writing restoring the land transferred to the transferor and directing the transfer or to pay, in such number of equal instalments not exceeding ten and by such dates as may be specified in the order, the amount of the consideration which was actually paid by the transferee to the transferor for such transfer, together with interest on such amount at the rate of four per centum per annum from the date of his receipt of such consideration and the amount of any compensation for improvements effected to such land, allowed by the Special Officer and determined by him in the manner prescribed, less the amount determined in the manner prescribed of the net income from such land of the person in possession of such land as a result of such transfer:Provided that the first of the instalments provided in the order made under this sub-section shall be payable within three months of the date of the order:Provided further that all the heirs of a deceased transferor or a deceased transferee shall be made parties in every proceeding under this Act:[Provided also that if the transferred land is partitioned by the transferee or his heirs, the Special Officer shall make an order in writing restoring the whole or any part of the land, as he may deem fit, to the transferor or his heirs, and where there are several heirs of a deceased transferor and some of them are not willing for restoration of the transferred land the Special Officer shall make such order restoring the whole of such land in favour of the heirs who are willing for such restoration.] [Proviso inserted by W.B. Act 56 of 1980.]Explanation. - Subject to the other provisions of this section, -(i)[ the word "transferor" referred to in this Act means the first transfer or, where the first transferor is unwilling to get the transferred land restored, any subsequent transferor between the expiry of the year, 1967 and the date of commencement of the West Bengal Restoration of Alienated Land (Amendment) Act, 1980 and includes the heirs of such first or subsequent transferor;] [[Clause (i) Substituted by W.B. Act 56 of 1980, which was earlier as under:'(i) the words 'transferor' referred to in this Act means the first transferor between the expiry of the year 1967 and the expiry of four years from the date of commencement of this Act and includes the heirs of such first transferor;'.]](ii)the word "transferee" shall mean where the land is in the possession of any person other than the first transferee by virtue of a subsequent transfer [such subsequent transferee and shall include the heirs of such transferee; and] [Words Substituted for the words 'such subsequent transferee; and' by W.B. Act 56 of 1980.](iii)the expression "consideration which was actually paid by the transferee to the transferor" shall mean where there was more than one transfer, the amount which was paid by the first transferee to the first transferor.
