STATE OF WEST BENGAL Vs. SUBODH GOPAL BOSE

JUDGEMENT

(1.) This appeal raises issues of great public and private importance regarding the extent of protection which the constitution of India accords to ownership of private property.

(2.) The first respondent herein (hereinafter referred to as the respondent) purchased the entire Touzi No. 341 of the 24-Pargans Collectorate at a revenue sale held on January 9, 1942. As such purchaser, the respondent acquired under s. 37 of the Bengal Revenues Sales Act 1859 (Central) Act. No. 11 of 1859) the right "to avoid and annul all under-tenures and forthwith to eject all under tenants" with certain exceptions which are not material here. In exercise of that right the respondent gave notices of ejectment and brought a suit in 1946 to evict certain under-tenants, including the second respondent herein, and to recover possession of the lands. The suit was decreed against the second respondent who preferred an appeal to the district Judge, 24-Parganas contending that his under-tenure came within one of the exceptions referred to in S. 37.

(3.) When the appeal was pending, the bill, which was later passed as the West Bengal Revenue Sales (West Bengal Amendment) Act, 1950 (hereinafter referred to as "the amending Act") was introduced in the West Bengal Legislative Assembly on March 23, 1950. It would appear, according to the "statement of object and reasons" annexed to the bill, that great hardship was being caused to a large section of the people by the application of S. 37 of the Bengal Land Revenue Sales Act, 1859 in the urban areas and particularly in Calcutta and its suburbs where "the present phenomenal increase in land values has supplied the necessary incentive to speculative purchasers in exploiting this provisions (S. 37) of the law for unwarranted large-scale eviction" and it was, therefore, considered necessary to enlarge the scope of protection already given by the section to certain categories of tenants with due safeguards for the security of Government revenue. The bill was eventually passed as the amending Act and it came into force on March 15, 1950. It substituted by S. 4 the new S. 37 in the place of the original S. 37 and it provided by S. 7 that all pending suits, appeals and other proceedings which had not already resulted in delivery of possession shall abate.