ADHAR KUMAR MITTER Vs. RADHA MADAN MOHAN JIN

JUDGEMENT

(1.) This is a Rule calling upon the President of the Calcutta Improvement Tribunal and the opposite parties to show cause why the order of the learned President of the Tribunal, dated 17 August 1931, should not be set aside or revised or such other order passed as to this Court may seem fit and proper.

(2.) The relevant portion of the order referred to is in the following terms: I have come to the conclusion that I should proceed with the task of investing the compensation money in the purchase of suitable landed property and accordingly, I direct that the application of Mr. Galstaun should be sent to the Collector for necessary inquiry regarding suitability of investment If the shebaits themselves have any suggestion to make regarding the investment of the money in the purchase of suitable landed property, they will receive from me due consideration. In the meantime, as no other properties have been offered for sale, except those by Mr. Galstaun they should be examined by the Collector, and I should await his report.

(3.) It is urged that the learned President has exercised his jurisdiction illegally or with material irregularity in treating Mr. Galstaun as a party to the proceedings and in directing the investment of the compensation money belonging to the idol in land.