KALIPADA SAHA Vs. KISHORE SINGH SREEMAL

JUDGEMENT

(1.) IN these appeals we are mainly concerned with the question as to the scope and effect of the provision of section 6 (1) (b) of the West Bengal Estates Acquisition act, 1953, as amended by Section 4 (1) (b) of the West Bengal Estates Acquisition (Amendment Act, 1961, West bengal Act IX of 1961 ).

(2.) THE plaintiff appellant in these appeals instituted three suits being money Suits Nos. 16, 18 and 17 of 1961 against the defendants respondents for the recovery of arrears of rent in respect of the suit land for the years 1364 B. S. to 1367 B. S. The main contention of the defendants in the above suits was that the interest of the plaintiff vested in the State and as such the suits were not maintaintable. It may be noted here that the structures existing on the suit land were erected by the defendants.

(3.) THE learned Munsif dismissed all the said suits on the ground that the interest of the plaintiff had vested in the State and that the plaintiff had no right to retain the suit land in view of the amendment of the provision of Section 6 (1) (b) of the West bengal Estates Acquisition Act. The judgments of the learned Munsif were upheld by the learned Subordinate judge in appeals and the learned Subordinate Judge came to the same conclusion and dismissed the appeals preferred by the plaintiff against the judgments and decrees of the learned munsif passed in the above suits.