PURNA CHANDRA Vs. SK. FAKIR MOHAMMAD

JUDGEMENT

(1.) Premises Nos. 86, 87, 87/1 and 87/2, Phears Lane, Calcutta, were acquired in connection with Calcutta Improvement Trust Scheme No.LVII (Chittaranjan Avenue to Blackburn Lane). The notification was issued in Aug., 1948, and the declaration was published on the 4th Aug., 1949.

(2.) The subject matter of the appeal now before us is limited to the question of apportionment, so far as premises No.86, Phears Lane is concerned. On the 18th Sept., 1947, a lease of the premises was granted by the landlord, the appellant before us, to the tenant-respondent. As stated already, the notification under Sec. 4 was issued within a year of the lese. One of the conditions on which the lease was granted was that the tenant agreed to repair the building at a cost of four thousand rupees, such repairs to be completed within six months of the execution or the commencement of the lease. It was further agreed between the parties that

(3.) On behalf of the owner the entire compensation fixed by the Land Acquisition Collector was claimed as due to him alone. The lessee, Fakir Mohammad, claimed that as the lessee he was entitled to a portion of the said compensation. Accordingly a joint award was made and a Reference was made to the President, Calcutta Improvement Tribunal. The Tribunal has, on hearing the parties, allowed Rs.4,000 out of the compensation money to the lessee together with the statutory allowance of fifteen per cent. The balance of Rs.11,145 with statutory allowance has been awarded in favour of the owner. The present appeal has been preferred on behalf of the owner.