BANSILAL FARMS Vs. UMARANI BOSE

JUDGEMENT

(1.) Leave granted.

(2.) These three appeals by special leave are directed against one and the same judgment dated 25/9/1992 of the division bench of Calcutta High court. The three appellants are the State of West Bengal in appeal arising out of Special Leave Petition (C) No. 401 of 1993, the State Fishery Development Corporation Ltd. in appeal arising out of Special Leave Petition (C) No. 13516 of 1992 and Bansilal Farms in appeal arising out of Special Leave Petition (C) No. 13314 of 1992. The respondents are the members of one Sarkar family in the city of Calcutta. The dispute centres around a fishery called Nalban Fishery.

(3.) A suit for partition was filed by one of the co-sharers of the said Sarkar family in the High Court of Calcutta on 3/9/1955, which was registered as Suit No. 2539 of 1955. The schedule of properties included the disputed Nalban Fishery. A learned Single Judge of the Calcutta High court passed a preliminary decree in the said suit on 11/8/1960. One of the cosharers of the Sarkar family preferred an appeal against the preliminary decree before the division bench which was registered as Appeal No. 200 of 1960. During the pendency of the aforesaid appeal the State of West Bengal requisitioned large extent of fisheries including the disputed Nalban Fishery on 5/11/1969 in exercise of power under Section 3 (1 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (2 of 1948 (hereinafter referred to as "the Requisition Act"). Pursuant to the aforesaid requisition order the State of West Bengal took possession of the Nalban Fishery on 8/11/1969. Members of the Sarkar family challenged the order of requisition by filing a writ petition in the Calcutta High court in November 1969 which was registered as Civil Rule No. 7317 (W) of 1969. The aforesaid writ petition was dismissed by the learned Single Judge. The appeal to the division bench was preferred against the aforesaid order of dismissal which was registered as FMA No. 126 of 1970. The division bench dismissed the appeal by its order dated 5/7/1971. The Sarkar family moved this court in Special Leave Petition (C) No. 1452 of 1972. By order dated 17/11/1972 this court dismissed the special leave petition. The appeal arising out of the partition suit bearing Suit No. 2539 of 1955 which had been registered as Appeal No. 200 of 1960 was finally disposed of by the division bench and the said order was assailed in this court in Special Leave Petitions (C) Nos. 5370 and 5371 of 1978. The said two appeals arising out of the said two special leave petitions were disposed of by order dated 18/4/1979 on the basis of a compromise arrived at between the parties on intervention of Shri Ashok Sen who was appearing for one of the parties but it was indicated in the order that the State's right in relation to the fisheries will not be affected by the decree in question. This court further ordered: