PRAHLAD CHANDRA DE Vs. FATICK CHAND SEAL

JUDGEMENT

(1.) This is an appeal against a judgment and decree passed by Ray, J. dated June ?, 1965. The facts are shortly as follows: The plaintiff respondent Fatick Chand Seal (hereinafter referred to as the plaintiff) is the owner of premises No.257B, Bepin Behari Ganguly Street, (formerly known as 257B, Bow Bazar Street) in the city of Calcutta. On or about 8th December, 1961 the plaintiff granted a lease of the second floor of the said building to the defendant appellant Prahlad Chandra Decree under a registered lease for a term of twenty years. The leas inter alia contained the following term: "In the event of the demised premises or any part thereof being acquired or requisitioned by the Government or any Local Authority under any act for the time being in force then this demise shall determine from the date when possession of the demised premises shall be taken by the Acquiring for Requisitioning Authority or any earlier date if so required by them and the lessee shall have no claim against the lessor, for disturbance nor shall be entitled to claim any portion of the compensation money in respect of such Acquisition or Requisition and whole of the compensation money shall belong to the lessor save and except that may be awarded to the lessee for costs of removal only."

(2.) On the 14th of July 1962 the said premises was requisitioned by the State Government of West Bengal under sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the "said Act"). The relevant part of the requisition order is set out below: "Whereas in the opinion of the State Government the premises described in the Schedule below are needed for a public purpose; Now, therefore, in exercise of the power conferred by sub-section (1) of Section 3 of West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (West Bengal Act V of 1947), the Governor is pleased hereby to requisition the premises described in the Schedule below and under sub-section (4) of the said Section, the Government is further pleased to direct the First Land Acquisition Collector to take steps in connection with such requisitioning of the premises in accordance with the provisions of the said Act and to take possession of the premises so requisitioned."

(3.) On the 26th of July 1962 vacant possession of the premises was taken over by the State of West Bengal. The plaintiff thereafter claimed compensation from the State of West Bengal. According to the written statement filed on behalf of the State of West Bengal, possession of the said premises was made over to the West Bengal Development Corporation for whose purpose the said requisition was made. On or about the 8th April 1963 the Government of West Bengal in its Land and Land Revenue Department, Requisition Branch, made an order the relevant part whereof is set out below: "In exercise of the powers conferred by sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (West Bengal Act, V of 1947), the State Government is pleased to rescind the order No. 59/62 Reqn. Dated 14th July 1962 made by it in respect of the premises described in the schedule below:"