C E GREY, OFFICIAL TRUSTEE AND EXECOTOR TO THE ESTATE OF MANIK LAL SEAL DECEASED Vs. RAM SHASHI ROY AND GURUDAS KUNDU CHOWDHURY

JUDGEMENT

(1.) The two appeals, Nos. 421 and 461 of 1909, are directed against the judgment and decree of the District Judge of Hooghly in a reference made to him by the Land Acquisition Collector under Section 30 of the Land Acquisition Act.

(2.) It appears that Government proposed to acquire three plots of land in Ram Kristapur, Pergunnah Boro, in Howrah for the purpose of building a District Jail, Police lines and official residence. The lands were in what was described as Seal s Bagan and consisted of (1) Premises No. 36, Seal s Garden, Ram Kristapur, Howrah, and included a residence and compound covering an area of 21 bighas; (2) Premises No. 35 Seal s Garden Lane, Ram Kristapur, Howrah, being 7 bighas of land including a residence and compound, and (3) a parcel of Bastee land 15 bighas in area.

(3.) The total of the three plots covered 43 bighas. An agreement was entered into on the 2nd October 1905 between Manik Lal Seal and the Collector of Howrah as representing Government by which Manik Lal Seal agreed to accept Rs. 3,70,650 as the price of the land to be acquired half of which, Rs. 1,85,330, was to be paid at once and the rest on conclusion of the land acquisition proceedings. It was further agreed that any amount which the Land Acquisition Deputy Collector would eventually have to pay to persons other than Manik Lal Seal would be deducted from the second half.