SOURENDRA MOHAN BANERJEE Vs. MANICK LAL BANERJEE

JUDGEMENT

(1.) Here is another fiscal matter referred to me, for final decision, under Section 5 of the Court-Fees Act 7 of 1870.

(2.) For certain land, situate in Mouza Sultanpur, within the jurisdiction of Dum-Dum police-station, requisitioned in the first instance on March 25, 1942, under sub-rule (1), Rule 75A of the Defence of India Rules 1939, and acquired ultimately on March 27, 1947, under Section 5 of the Requisitioned Land (Continuance of Powers) Act 17 of 1947, read with Section 3 ibid.,--an acquisition which not going under Section 24, proviso (b) of the Requisitioning and Acquisition of immoveable Property Act 30 of 1952 ("Act 30" hereafter, for short),--the Governor appoints Shri B. C. Das Gupta, Additional District and Sessions Judge, 24 Parganahs, an arbitrator, under Section 8, Sub-section (1) clause (b), of "Act 30" and all other enabling provisions, for determination of the compensation payable for such acquisition, no less for determination of the person or persons who are entitled to the compensation, as also for apportionment thereof, if necessary. The relevant notification is No. 38-Regn. dated January 3, 1966, published in the Calcutta Gazette dated February 3. 1966, Part I, at page 190.

(3.) Before the arbitrator so appointed, the appellant claims: 'Of the land acquisitioned. I am the sole purchaser from the outgoing owners. Ergo, I am entitled to the entire compensation money. The respondents, none else than the appellant's brother and the sons and widow of another deceased brother riposte: The purchase by the appellant was qua Karta of the joint family and that too with the joint family fund. So, the entire compensation money he cannot get.'