SK FAKIR MOHAMMAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appellant Sk. Fakir Mohammad was the lessee of premises No. 86 Phears Lane under the owner Purna Chandra Chandra. The lease was dated September 8, 1947, and it was to run for 20 years. This lease is ex., 4 in the present case.

(2.) In or about the year 1949, this premises along with three other premises Nos. 87, 87/1 and 87/2, Phears Lane, was acquired by the Calcutta Improvement Trust under C.I.T. Scheme No. LVII (Chittaranjan Avenue Blackburn Lane). The relevant notification (No. 6519 L. A), is dated August 18, 1948. It was published in the Calcutta Gazette on August 26, 1948. The relative declaration is dated July 27, 1949, and it was published in the Calcutta Gazette of August 4, 1949.

(3.) Belying upon the terms of the lease, ex. 4, the owner Purna Chandra Chandra claimed the entire compensation money for land and structures under the first clause of Section 23(1) of the land Acquisition Act together with the statutory allowance under Sub-section (2) of the section. The lessee, Appellant Sk. Fakir Mohammad, claimed a part (Rs. 12,000) of the said compensation. He also claimed independently Rs. 52,265 as compensation for loss of earnings. This was claimed apparently under the clause "fourthly" of Section 23 and it was calculated on the basis of the unexpired term of the lease, ex. 4, namely, 17 years, and it was made up as follows: