STATE OF WEST BENGAL Vs. MANISH MAITY

JUDGEMENT

(1.) This is an appeal by the State of West Bengal against an appellate judgment of reversal.

(2.) The State of West Bengal granted to the plaintiff a settlement of 1306.71 acres of land designated as "Western Portion of Manasadwip 2nd portion" in the Saugore Island, Pargana Sunclaban, the period of settlement being from 1st April 1921 to 31st March 1947. The terms and conditions of the lease were embodied in a registered document dated September 30, 1921. Clause 3 of the lease provided as follows:

(3.) The State of West Bengal contested the suit by filing a written statement and it was contended inter alia that the suit was not maintainable that the plaintiff had no cause of action, that he did not faithfully perform the terms and conditions of the lease, on the contrary they were violated by him in many respects. The allegations that the plaintiff incurred the displeasure of the local officials and that they wanted to harass him by depriving him of the legal rights for renewal were denied. There were systematic breaches of terms of lease, like the harassment of tenants, realisation of abwabs, neglect of banks, embankments and drainage and also failure to provide for drinking water. Further the plaintiff embanked offset areas without any expert opinion or permission and neglected maintenance of sluice boxes. On a due consideration of the behaviour of the plaintiff and hearing the plaintiff the authorities decided to refuse renewal of the lease and directed khas management of the estate and notice was served on the plaintiff accordingly. Possession of the lands was resumed on July 26, 1948. The State contended that renewal was properly refused by the Board and the order was not illegal and ultra vires. It was also denied that the plaintiff was entitled to any declaration and possession as prayed for and the suit in the premises, it was submitted, should be dismissed.