In Brief
In this appeal, the Court examined whether the West Bengal Restoration of Alienated Land Act, 1973 applied to a land sale by a widow and her son. The Court held that the Act's applicability depends on the land's true classification—whether it is homestead non-agricultural land (to which the Act does not apply). Finding a reference to a municipality in the deed's schedule, the Court set aside the High Court's dismissal and partly allowed the appeal. The matter was remanded to the Tribunal, the highest fact-finding body, to determine the land's nature. If found to fall within the Act's scope, the original order for refund of sale proceeds with interest would be revived.
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