COLLECTOR OF JALPAIGURI Vs. JALPAIGURI TEA COMPANY LTD

JUDGEMENT

(1.) This appeal is brought by the Secretary of State and the claimants have filed a cross- objection. It appears that certain property was being taken for a medical school and a hospital in Jalpaiguri. The claimants before us are two tea, companies which appear to have been associated and which had tin sheds on pucca plinths which they used for their offices and for various forms of accommodation in connexion therewith.

(2.) The Collector dealt both with the question of value of the land and with the question of the value of the structures and the way in which the Collector valued the land appears to me to be somewhat exceptional and unusual.

(3.) It appears that, in this neighbourhood, there is a tendency to regard all interests in land as though they were agricultural interests under the Bengal Tenancy Act and to deal with them by way of analogy to the provisions that are there laid down; but it is quite clear that that is by no means the legal position and it has not been contended before us that that is the legal position. The claim-ants say -- though they have not formally or properly proved it--that they purchased the interest of the lessees under a tenancy which came into existence by Ex. 18, a registered patta of the year 1889, whereby 2 bighas of land were let for seven years at a rent of Rs. 10. That instrument contained the provision: after the determination of the term of this patta we shall grant you a fresh patta if you so desire.