MATHURA PROSAD RAJGHARIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of Order No. 250, dated August 2, 1957, of the President Calcutta Improvement Tribunal rejecting the application of the appellants whereby they asked for payment of the whole of the enhanced amount of compensation.

(2.) The appellants Mathura Prasad Rajgharia and others were lessees of Premises No. 1. Bahir Surah Road, Calcutta, under one Madhushudan Banerjee and Sm. Surabala Devi, for a term of sixty years under a registered lease dated September 20, 1927. Under the terms of the lease, the appellants had the option to purchase the lessors' interest in the demised property at any time within ten years from the date of the, lease. It was further provided in the lease that in the event of acquisition of the demised property, both the lessors and the lessees shall be entitled to the compensation that would be payable to them respectively.

(3.) The premises was acquired by the Government after the publication of the statutory notification and declaration. The declaration under Section 6 of the Lend Acquisition Act was made on September 4. 1941. The L. A. Collector assessed the value of the land at Rupees 3,73,941/- which represented both lessors' and lessees' interest in the land. Before the award was passed by the Collector in accordance with Section 11 of the Act Mr. Satyendra Nath Mitra, Advocate accepted the valuation made by the Collector on behalf of the appellants as lessees. The acceptance was made by the learned Advocate in writing on the petition of claim filed before the Collector in the following terms:--