STATE OF WEST BENGAL Vs. BRINDABAN CHANDRA PRAMANIK

JUDGEMENT

(1.) To the respondents' claim for compensation (Rs. 7,253/10/-) for one thousand maunds and twenty seers of paddy, requisitioned in 1944 by the then Province of Bengal under Rule 75A of the Defence of India Rules, three technical defences were raised by the Province of West Bengal which, was made the sole defendant in the suit, brought in December, 1948. The merits of these defences have to be considered in the present appeal.

(2.) The first two defences went to the root of the respondents' (plaintiffs') right of action --one attacking the maintainability of a suit of this nature, and the other raising the bar of limitation. The third defence denied the liability of the defendant, the Province of West Bengal, or for die matter of that, of the present State of West Bengal, for the plaintiffs' claim in view of the transitional Indian Independence (Rights, Property and Liabilities) Order, 1947, which admittedly governs the rights and liabilities of the parties before us. There was also a defence, taken in the written statement, under Section 80, Civil P. C., but it was not pursued beyond the stage of pleadings.

(3.) The requisition of the paddy was admitted. Its receipt or delivery to the appropriate authorities of the then Province of Bengal was also admitted. It was admitted further that compensation for the requisitioned paddy had been determined under Clause 4 of Rule 75A of the Defence of India Rules at Rs. 7/4/- per maund which tallied with the amount of the plaintiffs' claim. That claim, however, was attempted to be resisted on the three technical pleas which I have set out above.